Pushpa Jadav v. Jitendra Kumar Saha And ANR

Sn 3.2.21 C.O. 1421 of 2020 SMT.

PUSHPA YADAV VS.

JITENDRA KUMAR SHARMA & ORS.

Mr. Swapan Banerjee Mr. Kunal Ganguly ..for the petitioner This revisional application has been filed by the plaintiff in Title Suit No. 50 of 2019 pending before the learned Civil Judge, Junior Division, 1st Court, Barrackpore, District North 24 Parganas.

The plaintiff prays for expeditious disposal of the application for temporary injunction as also the Title Suit No. 50 of 2019.

It is the contention of the petitioner that the defendants are not appearing before the learned Court below and the application for injunction has been fixed for ex parte hearing. It is further contended that the said application, although, fixed for ex parte hearing, has not yet been disposed of. The petitioner thus prays that the application for injunction and the title suit be disposed of expeditiously.

The prayer is innocuous.

In my opinion, justice would be sub-served if the learned Court below is directed to dispose of the

application for temporary injunction as expeditiously as possible preferably within a period of two months from the next date fixed in accordance with law and independently. This Court has not gone into the merits of the case. It is also made clear that upon disposal of the application for injunction the learned Court below shall make all attempts to expedite the disposal of the Title Suit.

The petitioner is directed to serve copies of the revisional application along with a server copy of this order upon the opposite parties within a week from date. This revisional application is disposed of.

There will be however no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.

(Shampa Sarkar,J.)