Bhaskar Sardar vs Samir Kumar Pal And Others

The grievance of the petitioner is that, despite the petitioner having filed a regular title suit subsequent to disposal of a proceeding under Section 6 of

the Specific Relief Act and an injunction application in connection with such suit, the said injunction application has not yet been heard.

On the other hand, an application for stay filed by the petitioner in Title Execution Case No. 3 of 2016, pending before the Civil Judge (Senior

Division), First Court at Baruipur, District â€" South 24 Parganas, arising out of the eviction decree passed in the suit under Section 6 of the Specific

Relief Act, is also being stalled.

It is submitted by both parties that the injunction application pending in connection with the regular title suit, bearing Title Suit No. 25 of 2018, which is

now pending before the Civil Judge (Senior Division), First Court at Baruipur, District- South 24 Parganas, is fixed on May 3, 2018 for hearing. The

contesting opposite parties undertake to file their written objection to the said injunction application by tomorrow, with a copy to the other side.

The Civil Judge (Senior Division), First Court at Baruipur, District- South 24 Parganas, is requested to take up the said injunction application for

hearing on May 3, 2018 itself and dispose of the same on the same date. For the ends of justice, the opposite parties are injuncted till May 5, 2018

from proceeding with the execution case, bearing Title Execution Case No. 3 of 2016, pending before the same court.

It is made clear that for the purpose of implementation of this order, the trial court will not grant any adjournment to either side, since both sides are

substantially represented today and undertake that they will cooperate with the court below to adhere to the time schedule fixed for such disposal.

In the extremely unlikely event that the matter cannot be disposed of on May 3, 2018 due to some unforeseen circumstances beyond the control of the

court below, the petitioner will be at liberty to pray for short extension of the interim order, hereby granted, before the said court subject, of course, to

hearing the opposite parties.

It is further made clear that the merits of either the injunction application or the suit have not been gone into by this court and the trial court will be

free to proceed with the hearing of both, being unfettered by any observation made herein. C. O. No. 743 of 2018 is accordingly disposed of in terms

of the aforesaid directions. There will be no order as to costs. Urgent certified website copies of this order, if applied for, be made available to the

parties upon compliance with the requisite formalities.