Smt. Manju Sarkar Vs M/S. Global Health City and… — Writ and Judicial Review | Calcutta HC (2025)

Smt. Manju Sarkar Vs M/S. Global Health City and… — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Expedition directions issued to the learned Civil Judge (Sr. Division), 2nd Court at Barasat: the Order 39 Rule 1 and 2 CPC application to be taken up on the next date fixed (August 27, 2025) and disposed of as expeditiously as possible without unnecessary adjournments, and the Section 151 CPC application to be taken up in accordance with law; petitioner's advocate-on-record to forward a copy of the application and order to the opposite parties. With these observations and directions, CO 2608 of 2025 stands disposed of.

Issue for consideration

Whether, in exercise of jurisdiction under Article 227 of the Constitution, this court should direct the learned Civil Judge (Sr. Division), 2nd Court at Barasat to dispose of the pending applications (including the Order 39 Rule 1 and 2 CPC injunction application) and thereby expedite disposal concerning Title Suit No. 754 of 2023.

Court's answer

The learned Civil Judge (Sr. Division), 2nd Court at Barasat is requested to take up the hearing of the application under Order 39 Rule 1 and 2 CPC on the next date fixed and to make an endeavour to dispose of the same as expeditiously as possible without granting unnecessary adjournments to either party.

Ratio / Principle

The learned trial judge is further requested to take up the hearing of the application under Section 151 of the Civil Procedure Code in accordance with law.

Key takeaways

In view of the order sought and proposed to be passed, no notice was directed to issue upon the opposite parties; instead, the petitioner's learned advocate-on-record was obliged to forward a copy of the application along with the order to the opposite parties or their advocate before the learned trial judge.ratio¶12

Detailed headnote1 paragraphs

Civil judicial revision under Article 227 of the Constitution — expedition direction. The petitioner, plaintiff in Title Suit No. 754 of 2023 before the learned Civil Judge (Sr. Division), 2nd Court at Barasat, sought a direction for expeditious disposal, her application under Order 39 Rule 1 and 2 of the Civil Procedure Code remaining undecided while the ad interim order of injunction was extended from time to time and no written objection had been filed. Finding from the order-sheets that August 27, 2025 was already fixed for hearing of the Section 151 CPC application and the Order 39 Rule 1 and 2 CPC application, the court dispensed with notice on the opposite parties (requiring the petitioner's advocate-on-record to serve a copy of the application and order instead) and requested the learned trial judge to take up the injunction application on the next date fixed, to endeavour to dispose of it as expeditiously as possible without granting unnecessary adjournments to either party, and to take up the Section 151 CPC application in accordance with law. With these observations and directions, CO 2608 of 2025 stands disposed of.

Court No. 6

CO 2608 of 2025

(265719)

25.07.2025

(AD 9)

Smt. Manju Sarkar Vs. M/s. Global Health City & Ors.

(S. Banerjee)

Mr. Arijit Bhowmick Ms. Debasree Dhamali Ms. Debasree Mukherjee

…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. Division) 2^nd Court at Barasat to dispose of Title Suit No. 754 of 2023 expeditiously.

Learned advocate appearing for the petitioner submits that the application under Order 39 Rule 1 and 2 of the Civil Procedure Code filed by the petitioner herein is still pending and the ad interim order of injunction is being extended from time to time. He further submits that no written objection has yet been filed.

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-on-record of the petitioner shall be obliged to forward a copy of this application along

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with this order, upon the opposite parties or upon the learned advocate representing them before the learned trial judge.

From the order-sheets appended to this application this court finds that August 27, 2025 has been fixed for hearing of the application under Section 151 of the Civil Procedure Code and the application under Order 39 Rule 1 and 2 of the Civil Procedure Code.

learned Civil Judge (Sr. Division) 2^nd Court at Barasat is requested to take up the hearing of the application under Order 39 Rule 1 and 2 of the Civil Procedure Code on the next date fixed and to make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

The learned trial judge is further requested to take up the hearing of the application under Section 151 of the Civil Procedure Code in accordance with law.

With the above observations and directions, CO 2608 of 2025 stands disposed of.

(Hiranmay Bhattacharyya, J.)