High CourtsSingle Bench

Goutam Kumar Biswas vs Bani Biswas & Ors

Calcutta High Court · Decided on 11 February 2020 · Citation: (2020) 02 CAL CK 0049

HON’BLE JUDGES
Shampa Sarkar, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure, 1908 — Order 39 Rule 1, Order 39 Rule 2
RESULT
Disposed Of
CASE NUMBER
Civil Order/Misc.Cas (CO) No. 123 Of 2020
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Judgment

16 paragraphs · 277 words

The plaintiff in Title Suit No. 24 of 2002 pending before the learned Civil Judge, Junior Division, 2nd Court, Barasat, North 24 Parganas prays for

expeditious disposal of the application under Order 39 Rule 1&2 of the Code of Civil Procedure filed in connection with the said suit.

It is the contention of the petitioner that the said application has not yet been disposed of but the ad-interim order of injunction has been extended from

time to time. The learned Advocate for the petitioner submits that the suit has been dragging since 2002 and there is no progress at all. It is submitted

that all parties filed their written statement but written objections to the injunction applications have not yet been filed. Record reveals that there are

two injunction applications pending before the learned Court below.

Under such circumstances, this revisional application is disposed of directing the learned Court below to dispose of the pending injunction applications

as expeditiously as possible preferably the next date fixed upon affording one opportunity to the opposite parties to file their written objection in the

meantime.

Upon disposal of the injunction applications, this Court trusts that the suit of 2002 shall be disposed of expeditiously preferably within a year from the

disposal of the injunction applications.

The petitioner is directed to serve a copy of this revisional application along with a server copy of this order upon the opposite parties within a week

from date.

This revisional application is disposed of.

There will be however no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.