Bishnupada Manna And ORS v. Panchanan Manna And ORS

11.12.2020 Sl. No.4 srm C.O. No. 1532 of 2020 Sri Bishnupada Manna & Ors.

Vs.

Sri Panchanan Manna & Ors.

Ms. Malyasree Maity ...for the Petitioners.

This is an application praying for expeditious disposal of the application for injunction filed by the plaintiffs/petitioners in Title Suit No.109 of 2020 pending before the learned Civil Judge (Senior Division), Tamluk. It is submitted that although the defendants have entered appearance in the suit, filed a caveat, and also the written objections they were intentionally avoiding the hearing by taking advantage of the pandemic situation It appears that by an order dated December 2, 2020, the learned Court below has fixed December 21, 2020 for hearing of the injunction application and also the application dated December 1, 2020.

Under such circumstances, I do not find any reason to go into the merits of the contention of the petitioners in this revisional application with regard to the activities of the defendant Nos.1 to 11. As the learned Court below in its wisdom has fixed a date for hearing of the application for

injunction, this Court hopes and trusts that the said application for injunction shall be heard expeditiously as per the business of the Court upon affording an opportunity to all the parties to file their written objections, if not already filed. The said application should be disposed of preferably within a period of one month from the next date fixed by the learned Trial Court.

This Court has not gone into the merits of the claims and counterclaims of the parties and the learned Court below will decide the injunction application on its own merits without being influenced by any observation made hereinabove. The learned Advocate-on-record for the petitioners is directed to serve a copy of this revisional application along with a server copy of this order to the opposite parties within seven days.

This revisional application is, thus, 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.)