Amita Pathak v. Dalia Chakraborty

20.01.2021 Court No. 19 Item No.9 CP C.O. 1676 of 2020 Amita Pathak vs.

Dalia Chakraborty (via video conference) Mr. Tapas Kumar Mandal Mr. Dilip Kumar Mandal Mr. Anirban Dey Mr. Mritunjay Saha ....for the petitioner.

Mr. Subhrendu Halder Ms. Shreya Nandi ...for the opposite party.

Affidavit of service filed in court today is taken on record.

This revisional application has been filed for expeditious disposal of the interlocutory applications filed in connection with Title Suit No. 1785 of 2019, pending in the court of the learned Civil Judge (Junior Division), 2nd Additional Court at Alipore. It appears that an application for temporary injunction, an application under Order 8 Rule 10, an application under Order 7 Rule 11 as also an application under Section 151 of the Code of Civil Procedure are pending before the learned court below.

Both parties have entered appearance before this court and have submitted that they do not have

any objection for expeditious disposal of the applications.

Under such circumstances, the learned court below is directed to dispose of the pending applications in connection with the Title Suit No. 1785 of 2019 in accordance with law and on their own merits. This court has not gone into the merits of the claims and counter-claims of the parties and the learned court below will decide the issues independently. This court leaves it to the learned court below to hear out the applications as per the provisions of law maintaining the seriality they deserve.

All the applications should be disposed of within a period of six months from date. Parties are entitled to exchange their objections to the respective applications within a period of two weeks if not already done.

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.)