High Court granted direction to trial court to expedite hearing of a pending temporary injunction application within twelve weeks under Article 227 due to inordinate delay.
Direction to the learned Civil Judge to dispose of the temporary injunction application within twelve weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
24.1.2023 21 Ct. no. 652 sb
C.O. 103 of 2023
Sri Debasish Mondal & Anr. Vs. M/s. Green Shire Construction & Ors.
Mr. S. Dasgupta Ms. Saheli Bose …for the petitioners
This is an application under Article 227 of the Constitution of India against inordinate delay in disposing of the application under Order XXXIX rule 1 and 2, read with Section 151 and 94 of the Code of Civil Procedure, 1908 in Title Suit no. 953 of 2022 pending before the court of learned Civil Judge (Senior Division), 5th Court, Alipore, South 24 parganas.
The petitioners contended that the petitioner filed aforesaid suit for declaration and injunction on 13.7.2022. along with an application for temporary injunction. The said application under Order XXXIX rule 1 and 2 is pending since long and could not be heard and disposed of for a long period. Accordingly, he seeks for a direction upon the court below for expeditious disposal of the said application. It is further submitted that the next date is fixed before the trial court on 10th February, 2023.
Since the prayer made by the petitioner is very innocuous and if it is heard and disposed of in terms of
2
prayer, neither party will have a cause to prejudice, service of copy of the application and notice to the opposite party is hereby dispensed with.
In view of above, C.O. 103 of 2023 is disposed of with a direction upon the learned Civil Judge (Senior Division), 5th Court, Alipore, South 24 parganas to dispose of the injunction application filed by the petitioner on the aforesaid fixed date and if not possible to dispose of on that day for some reason or other, as expeditiously as possible, preferably within a period of twelve weeks from the date of communication of the order and to make every endeavour for expeditious disposal of the suit.
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Ajoy Kumar Mukherjee, J.)
1 issue framed by the court
Whether the High Court should direct swift disposal of a pending temporary injunction application due to inordinate delay.
2 provisions across 2 enactments
Sri Debasish Mondal & Anr.
M/s. Green Shire Construction & Ors.
Ajoy Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
