Sasanka Sekhar Patra v. Uttam Kumar Das

S/L 10 08.12.2020 Court. No. 19 GB C.O. 1472 of 2020 Sri Sasanka Sekhar Patra & Ors.

Vs.

Sri Uttam Kumar Das (Through Video Conference) Mr. Manoranjan Mahata.

... for the Petitioners.

This is an application for expeditious disposal of an application in Title Suit No.79 of 2020 filed under Order 7, Rule 11 of the Code of Civil Procedure pending before the learned Civil Judge, Junior Division, 1st Court, Contai, District Purba Medinipur, in connection with Title Suit No.79 of 2020.

It is submitted by the petitioners, who are the defendants in the suit that the suit is not maintainable and as such the application for rejection of the plaint has been filed. It is further submitted that without hearing the application the learned court below is continuously extending the ad interim order of injunction. The petitioners pray that the application under Order 7, Rule 11 of the Code of Civil Procedure to be heard out expeditiously. The said application has been filed sometime in October, 2020. It appears from the order sheet that the next date fixed is January 5, 2020. The learned court below is requested to hear out the application under Order 7, Rule 11 of the Code

of Civil Procedure as expeditiously as possible, preferably within a period of two months from date of communication of this order upon affording an opportunity to the opposite party to file his written objection, in accordance with law and on its own merits.

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

There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)