Arun Das Vs Monoranjan Sur and Ors. — Calcutta HC (2026) — LawSathi Research

Arun Das Vs Monoranjan Sur and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

C.O. 1166 of 2026 disposed of by requesting the trial court to decide the pending injunction application (Order XXXIX Rules 1 and 2 read with Section 151 CPC) in Title Suit No. 19 of 2025 expeditiously, preferably within two months from the next date fixed, without unnecessary adjournments; petitioner to serve copies of the revisional application and the order on the opposite party within a week; no costs; urgent photostat certified copy to be supplied on application subject to requisite formalities.

Issue for consideration

Whether the trial court should be directed to dispose of the petitioner's pending application for temporary injunction under Order XXXIX Rules 1 and 2 read with Section 151 CPC, 1908 in Title Suit No. 19 of 2025 expeditiously.

Court's answer

The revisional application is disposed of by requesting the Civil Judge (Junior Division), 1st Court, Barrackpore, 24-Parganas (North) to dispose of the injunction application under Order XXXIX Rules 1 and 2 read with Section 151 CPC filed in Title Suit No. 19 of 2025 as expeditiously as possible, preferably within two months from the next date fixed, without granting any unnecessary adjournment to either party.

Ratio / Principle

Direction for prior service of notice on the opposite party was dispensed with in view of the nature of the order proposed; instead, the petitioner remains obliged to serve a copy of the revisional application together with a copy of this order upon the opposite party within a week from date.

Detailed headnote1 paragraphs

Calcutta High Court, Civil Revisional Jurisdiction — C.O. 1166 of 2026, decided 06.04.2026 (Om Narayan Rai, J.). Petitioner Arun Das moved this Court for expeditious disposal of his application for temporary injunction under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, filed in Title Suit No. 19 of 2025 pending before the Civil Judge (Junior Division), 1st Court, Barrackpore, 24-Parganas (North). An ex parte ad-interim injunction had been passed by the Trial Court and was being extended from time to time, while the main injunction application remained undisposed despite the petitioner's written objection. Dispensing with prior notice, the Court disposed of the revisional application by requesting the trial court to decide the injunction application as expeditiously as possible, preferably within two months from the next date fixed, without granting unnecessary adjournments to either party; the petitioner was directed to serve a copy of the revisional application and of the order on the opposite party within a week. No costs; urgent certified copy on application subject to formalities.

06.04.2026 Item No.35 (ML) Court No.06 AJ.

IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION

C.O. 1166 of 2026

< Arun Das -Vs-

Monoranjan Sur & Ors.

Mr. Kishore Mukherjee, Mr. Ahitagni Dey,

Ms. Dipanwita Gupta. …..for the petitioner.

This revisional application seeks

expeditious disposal of an application for injunction under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 filed in connection with Title Suit No. 19 of 2025 pending before the learned Civil Judge (Junior Division), 1^st Court at Barrackpore, 24-Parganas (North).

Mr. Mukherjee, learned Advocate appearing for the petitioner submits that the learned Trial Court had passed an ex parte ad-interim order of injunction and the same is being extended from time to time. However, the application for temporary injunction under Order XXXIX Rules and 1 and 2 read with Section 151 of the Code has not been disposed of, despite the petitioner having filed written objection to the said application.

In view of the nature of the order proposed to be passed by this Court, direction for prior

2

service of notice along with a copy of the revisional application on the opposite party is not being made, however, the petitioner shall remain obliged to serve a copy of the revisional application along with a copy of this order upon the opposite party within a week from date.

Having heard the learned Advocate appearing for the petitioner and having perused the material-on-record, this revisional application is disposed of by requesting the learned Civil Judge (Junior Division), 1^st Court at Barrackpore, 24Parganas (North) to dispose of the application for injunction under Order XXXIX Rules 1 and 2 read with Section 151 of the Code filed in Title Suit No. 19 of 2025 as expeditiously as possible and preferably within a period of two months from the next date fixed without granting any unnecessary adjournment to either of the parties.

C.O. 1166 of 2026 stands disposed of. No

costs.

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

(Om Narayan Rai, J.)