Ashutosh Mahanta And ANR v. Basudeb Mahanta

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/12/2024 Ashutosh Mahanta and Another Vs.

Basudeb Mahanta Mr. K. M. B. Jayapal .... for the petitioners March 14, 2024 [SR] Item No. 7 Heard Shri K.M. B Jayapal, learned counsel for the petitioners.

This application under Article 227 of the Constitution of India has been filed praying to set aside the order No.05 dated 09.02.2024 passed by the Civil Judge ( Senior Division), Port Blair in Title Suit No.109 of 2024 declining to grant interim relief and the Order No.02 dated 19.02.2024 passed by the learned District Judge in Misc. Appeal No.06 of 2024 fixing the date on 15.03.2024 for appearance of the respondents and filing written objection and also for hearing of the application for interim relief. Considering the fact that the aforesaid Misc. Appeal of the present petitioners is pending before the learned District Judge and the next date is fixed tomorrow i.e. 15.03.2024, I do not find any good reasons to entertain this petition. Consequently, the petition is dismissed with the observation that the learned District shall make endeavour to decide the Misc.Appeal No.06 of 2024 or the application for interim relief as expeditiously as possible, after affording a reasonable opportunity of hearing to the parties concerned.

( Surya Prakash Kesarwani, J. )