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Calcutta High CourtCO/3776/2022disposed

Ashok Kr. Dey v. Asish Kr. Dey

2022-12-21Hon'Ble Justice Subhasis Dasgupta2 pages

AG 21.12.

C.O. 3776 of 2022 M Sri Ashok Kuamr Dey Vs Sri Ashish Kumar Dey / RKB Ct Mr. Debjit Mukherjee, Mr. Kaustav Bhattacharya, ... For the petitioner.

A direction to secure expeditious disposal of an injunction application filed under Order 39 Rule 1 and 2 CPC, is the ultimate relief sought for in this case. The only contention expressed by Mr. Mukherjee is against the delay caused in the disposal of the injunction application.

No other point is raised requiring address by this Court.

In view of the nature of the order proposed to be made in the case, no prior notice is considered to be necessary.

Service upon the opposite party is thus dispensed with.

Accordingly, learned Civil Judge (Senior Division), 5th Court, Alipore is requested to ensure expeditious disposal of injunction application in Title Suit No. 212 of 2019 of learned Civil Judge (Senior Division), 5th Court, Alipore subject to the suitability and convenience of the Court below, before the end of Summer Vacation of the Court below for the year

2023, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable.

The logical conclusion of the suit may be reached thereafter at an early date without granting unnecessary adjournment after causing disposal of interlocutory application adhering to the provisions of law.

Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite party and the opposite party.

With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)