Calcutta High CourtCO/1311/2020disposed

Tapan Pal v. Bapi Dhara @ Ashim Dhara And ORS

2021-03-02Hon'Ble Justice Shampa Sarkar2 pages

02.03.2021 Court No. 19 Item No.07 CP C.O. 1311 of 2020 Sri Tapan Pal vs.

Bapi Dhara @ Ashim Dhara & ors.

Mr. Satrajit Sinha Roy Mr. Manoj Kurmi .....for the petitioner.

Affidavit of service is taken on record.

None appears on behalf of the opposite parties despite service.

This is an application for expeditious disposal of the Misc. Case No. 149 of 2017 arising out of Title Suit No. 852 of 2011, pending before the learned Civil Judge (Senior Division), 1st Court, Barasat. It is the contention of the petitioner that the Misc. Case arises out of an application under Order 39 Rule 2A of the Code of Civil Procedure filed by the plaintiff alleging violation of the order of injunction passed by the learned Trial Judge. It is stated that the said application has been pending for the last four years. It is further submitted that there is already an order of this court directing the learned court below to dispose of the said application within a period of three months from February 14, 2019. It is contended that still the said application is pending. It is also stated that the defendants have

been taking several adjournments, as a result of which, the application has not been disposed of despite there being a direction of this court. Having heard the learned advocate for the petitioner and without going into the merits of the claim of the petitioner, this revisional application is disposed of with a direction upon the learned court below to dispose of the application under Order 39 Rule 2A of the CPC positively within a period of two months from the next date fixed without granting unnecessary adjournments to either of the parties. Learned court below shall proceed in accordance with law, independently and on the basis of the evidence and records before it.

The revisional application is disposed of. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)