Disposed¶14

Parimal Kumar Paral v. Khalid Hossain

Calcutta HC20 Mar 2024CO/306/2024

Case brief

AI extract

What is this about?

Expeditious disposal of injunction application; time-bound direction (two months from next date fixed); Title Suit No.815 of 2022; Civil Judge (Senior Division), 3rd Court, Alipore, 24 Parganas (South); dispensation of prior notice on opposite party; no merits decided; revisional application disposed; no costs; Shampa Sarkar, J.; order dated 20.03.2024; C.O. 306 of 2024; Parimal Kumar Paral v. Khalid Hossain; counsel Ms. Ankita Mondal for petitioner.

What did the court decide?

Direction upon the learned court below to dispose of the pending injunction application within two months from the next date fixed, with adequate opportunity to the parties to contest the same; no order as to costs. ¶14

Parimal Kumar Paral Vs Khalid Hossain — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether the revisional Court should direct expeditious disposal of the injunction application pending in Title Suit No.815 of 2022 before the learned Civil Judge (Senior Division), 3rd Court at Alipore.

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Court's answer

The prayer for expeditious disposal was innocuous; neither party stands to lose if the proceeding is disposed of expeditiously, and therefore no service of prior notice upon the opposite party was required.

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Ratio / Principle

The revisional application was disposed of with a direction upon the learned court below to dispose of the injunction application within two months from the next date fixed, giving adequate opportunity to the parties to contest the same.

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Key takeaways

The Court expressly did not express any opinion on the merits of the injunction application; the learned court below is to proceed independently and in accordance with law.obiter¶10

Detailed headnote1 paragraphs

Revisional application (C.O. 306 of 2024) by the plaintiff/petitioner seeking expeditious disposal of an injunction application pending in Title Suit No.815 of 2022 before the learned Civil Judge (Senior Division), 3rd Court at Alipore, District 24 Parganas (South). Holding the prayer innocuous and observing that neither party stands to lose, and that expeditious disposal would enure to the benefit of the parties, the Court dispensed with service of prior notice on the opposite party and directed the court below to dispose of the injunction application within two months from the next date fixed, affording adequate opportunity to both sides to contest it. The Court expressly refrained from expressing any opinion on the merits and directed the court below to proceed independently and in accordance with law. No order as to costs; parties to act on the server copy of the order.

Parimal Kumar Paral v. Khalid Hossain

Case brief

What is this about?

What did the court decide?

Parimal Kumar Paral v. Khalid Hossain

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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