Rajesh Prasad and Ors. Vs Ranjit Singh and Anr. — Writ and Judicial Review | Calcutta HC (2025)

Rajesh Prasad and Ors. Vs Ranjit Singh and Anr. — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Direction/request to the learned Civil Judge (Sr. Div.), 2nd Court, Asansol, District-Paschim Bardhaman to take up the hearing of the pending injunction application on the next date fixed, if otherwise ready, and to endeavour to dispose of it, together with the application under Section 151 of the Code of Civil Procedure, as expeditiously as possible without granting unnecessary adjournments; trial judge free to decide the sequence of the two applications; no order as to costs; urgent photostat certified copy to be supplied on compliance with formalities.

Issue for consideration

Whether this Court should direct the learned Civil Judge (Sr. Div.), 2nd Court, Asansol, District-Paschim Bardhaman to dispose of expeditiously the petitioner-plaintiff's pending application under Section 151 of the Code of Civil Procedure seeking implementation of the order of injunction.

Court's answer

Since the injunction application remained pending while the ad interim order of injunction was being extended from time to time, the Court took the considered view that the injunction application was required to be disposed of expeditiously.

Ratio / Principle

No notice upon the opposite parties was necessary; however, the petitioner's advocate was obliged to forward a copy of the application along with the order to the opposite parties or their learned advocates appearing before the learned trial judge.

Key takeaways

C.O. 1566 of 2025 was disposed of by requesting the learned Civil Judge (Sr. Div.), 2nd Court, Asansol, District-Paschim Bardhaman to take up the hearing of the injunction application on the next date fixed, if otherwise ready for hearing, and to make an endeavor to dispose of it as expeditiously as possible without granting any unnecessary adjournments to either of the parties.ratio¶11
The learned trial judge was further requested to make an endeavor to dispose of the application under Section 151 of the Code of Civil Procedure as expeditiously as possible, and it was left open to him to decide which of the said applications shall be taken up first.ratio¶12

Detailed headnote1 paragraphs

Civil Order (C.O. 1566 of 2025) disposed of by a Single Judge (Hiranmay Bhattacharyya, J.) on an application under Article 227 of the Constitution by the plaintiff seeking a direction upon the learned Civil Judge (Sr. Div.), 2nd Court, Asansol, District-Paschim Bardhaman to expeditiously dispose of his pending application under Section 151 of the Code of Civil Procedure praying for implementation of the order of injunction. Noting that the injunction application was still pending for hearing while the ad interim order of injunction was being extended from time to time, the Court held it required to be disposed of expeditiously, requested the trial judge to take up its hearing on the next date fixed (if otherwise ready) and to endeavour to dispose of it and the Section 151 application as expeditiously as possible without granting unnecessary adjournments, leaving the sequence of the two applications to the trial judge. No notice was directed on the opposite parties, the petitioner's advocate being obliged to forward a copy of the application and order to them. No order as to costs.

D/L- 19 08/05/2025 Ct. No.-6 Aritra C.O. 1566 of 2025

Mr. Rajesh Prasad & Ors. Vs. Mr. Ranjit Singh & Anr.

Mr. Dyutiman Banerjee Mr. Prasanta Kr. Roy .…for the petitioner

This application under Article 227 of the

Constitution of India is at the instance of the plaintiff praying for a direction upon the learned Civil Judge (Sr. Div.), 2^nd Court, Asansol, District-Paschim Bardhaman to dispose of the application under Section 151 of the Code of Civil Procedure praying for implementation of the order of injunction expeditiously.

It is not in dispute that the injunction application is still pending for hearing.

In view of the order sought and proposed to be passed there is no necessity to direct issuance of any notice upon the opposite parties. However, the learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite parties or their learned advocates appearing before the learned trial judge.

Since the injunction application is still pending and the ad interim order of injunction is being extended from time to time, this Court is of the considered view that

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the injunction application is required to be disposed of expeditiously.

In view thereof, CO 1566 of 2025 is disposed of by requesting the learned Civil Judge (Sr. Div.), 2^nd Court, Asansol, District-Paschim Bardhaman to take up the hearing of the injunction application, on the next date fixed, if the same is otherwise ready for hearing and to make an endeavor to see that the same is disposed of as expeditiously as possible without granting any unnecessary adjournments to either of the parties.

The learned trial judge is further requested to make an endeavor to dispose of the application under Section 151 of the Code of Civil Procedure as expeditiously as possible. It will be open to the learned trial judge to decide as to which of the said applications shall be taken up first.

There will be no order as to costs.

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

Hiranmay Bhattacharyya, J.)