Disposed

Nitya Gopal Das and Ors. v. Dinesh Das and Ors.

Calcutta HC24 Jan 2023CO/71/2023

Case brief

AI extract

What is this about?

High Court disposed of a writ application under Article 226 seeking expeditious disposal of a temporary injunction application pending in a partition suit before the Civil Judge, Contai. It directed the lower court to decide the injunction within 12 weeks and ensure speedy disposal of the suit.

What did the court decide?

Direction to the Civil Judge, 2nd Court, Contai to dispose of the temporary injunction application within twelve weeks and to make efforts for expeditious disposal of the underlying suit.

Nitya Gopal Das and Ors. Vs Dinesh Das and Ors. — Property and Title | Calcutta HC (2023)

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24.1.2023 20 Ct. no. 652 sb

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C.O. 71 of 2023

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Sri Nityo Gopal Das & Ors. Vs. Sri Dinesh Das & Ors.

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Mr. Gazi Faruque Hossain Mr. Rupayan Deb Ms. Priyanka Mondal Ms. Priya Nandy Ms. Varsha Roy Mr. Himadri Kumar Mahato …for the petitioners

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This is an application under Article 227 of the Constitution of India seeking expeditious disposal of the temporary injunction application along with expeditious disposal of Title Suit no. 741 of 2021 pending before the court of learned Civil Judge (Senior Division), 2^nd Court, Contai.

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The petitioners contended that the petitioner filed aforesaid suit for declaration, partition and respective possession in connection with the suit property. The petitioner filed interlocutory application seeking injunction in respect of the property in question. The defendant nos. 1 and 2 appeared in the suit and field written statement as well as written objection against the plaintiff’s prayer for injunction.

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The petitioner submits that the hearing of the application for injunction was initially fixed on 11^th December, 2022. After that, the same was deferred time

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to time and it has not yet been disposed of. Accordingly, he seeks for a direction upon the court below for expeditious disposal of the said application.

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Since the prayer made by the petitioner is very innocuous and if it is heard and disposed of in terms of 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.

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In view of above, C.O. 71 of 2023 is disposed of with a direction upon the learned Civil Judge (Senior Division), 2^nd Court, Contai to dispose of the temporary injunction application filed by the petitioner 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.

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Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

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(Ajoy Kumar Mukherjee, J.)

Nitya Gopal Das and Ors. v. Dinesh Das and Ors.

Case brief

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Nitya Gopal Das and Ors. v. Dinesh Das and Ors.

Case brief

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