Himanghsu Roy And ORS v. Hiranmoy Roy And ORS

JPD-1 28.10.2024 sb Ct. no. 3 High Court at Calcutta In the Circuit Bench at Jalpaiguri C.O. 190 of 2024 Himanghsu Roy & Ors.

Vs.

Hiranmoy Roy & Ors.

Mr. Asis Bhattacharyya Mr. B. Mitra ...for the petitioners This is an application wherein the petitioners have prayed for expeditious disposal of the pending interlocutory application filed under Order XXXIX Rule 7 of the Code of Civil Procedure and another application Order XXXIX Rules 1 and 2 of the Code in connection with Title/Partition Suit no. 109 of 2023 pending before the Learned Civil Judge (Senior Division) at Jalpaiguri.

Since the prayer is very innocuous and if it is taken up for hearing without serving copy of the application to the other side, the opposite parties will have no cause to prejudice, service of copy of the application upon the opposite parties is dispensed with.

Upon hearing of learned counsel for the petitioners and having considered the facts and circumstances of the case, the present application being C.O. 190 of 2024 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal

of the applications for local inspection commission filed under Order XXXIX Rule 7 of the Code and also application for injunction filed under Order XXXIX Rules 1 and 2 of the Code without granting any unnecessary adjournment to either of the parties.

The court below will make his best effort to dispose of both the applications preferably within a period of eight weeks from the date of communication of the order. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)