Devanti Devi And ORS v. Essar Dei And ORS
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/13/2024 Devanti Devi and Others Vs.
Essar Dei and Others Ms. Supreet Sharma ... for the petitioners March 19, 2024 [AKB] Item No.7 It is the grievance of the petitioners that they were impleaded as defendant nos. 1 to 3 in a suit for partition being Title Suit No. 134 of 2016 (Smti. Essar Dei and others - versus - Smti. Devanti Devi and Others) pending before the Court of learned Civil Judge (Senior Division), Port Blair.
By an order dated October 29, 2016 learned Judge in Court below passed an ad-interim order of injunction directing the parties to maintain status quo with regard to the nature and character of the suit premises.
Subsequently at the instance of the petitioners, on an application for addition of parties, six more persons were added as the defendants in the suit.
Learned Advocate appearing for the petitioner submits that till date the summons of the suit has not been served upon the added defendants and resultantly the hearing of the suit has not progressed though the petitioners are suffering an order of injunction.
It appears that during pendency of the suit, opposite party no. 15 passed away and an application under Order XXII Rule 4 of Code of Civil Procedure, 1908 has been filed. Learned Judge has fixed the next date for hearing of the said application on June 25, 2024.
The suit was filed in the year 2016 and till date service upon defendants is not complete.
In view of the aforesaid, I disposed of this present revisional application with a direction upon the learned Civil Judge (Senior Division), Port Blair to dispose of the said application under Order XXII Rule 4 of Code of Civil Procedure as expeditiously as possible without granting any unnecessary adjournment to the parties. I
also direct the learned Judge in the Court Below to take necessary steps to complete service upon the defendants as expeditiously as possible so that the hearing of the suit is progressed expeditiously. The learned Judge in the Court below shall also make an endevour to dispose of the injunction application as expeditiously as possible, after the completion of service upon the defendants. With the above observations, CO/13/2024 is disposed of. (Kausik Chanda, J.)