Disposed¶14

Tarak Dutta and Ors. v. Sandhya Dutta and Ors.

Civil Order – expeditious disposal

Calcutta HC21 May 2026CO/1320/2025

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Case brief

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What is this about?

CO 1320 of 2025; Om Narayan Rai, J.; Tarak Dutta v. Sandhya Dutta; expeditious disposal; time-bound direction; injunction application; Order 39 Rule 1 and 2 CPC 1908; Title Suit No. 423 of 2019; Civil Judge (Senior Division) 2nd Court Barasat; North 24 Parganas; two months; eight months; no unnecessary adjournment; service of copy on opposite parties.

What did the court decide?

Trial court requested to dispose of the Order 39 Rule 1 and 2 injunction application preferably within two months from the next date fixed, and Title Suit No. 423 of 2019 preferably within eight months from disposal of the injunction application, without unnecessary adjournments; petitioners to serve copy of the application and order on the opposite parties within a week. ¶14

Tarak Dutta and Ors. Vs Sandhya Dutta and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

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Outcome

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Issue for consideration

Whether the revisional application seeking expeditious disposal of Title Suit No. 423 of 2019 and the pending application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 should be allowed by directing time-bound disposal by the trial court.

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Court's answer

The revisional application was disposed of by requesting the learned Civil Judge (Senior Division) 2nd Court at Barasat, North 24 Parganas to dispose of the petitioners' application for injunction under Order 39 Rule 1 and 2 as expeditiously as possible.

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Ratio / Principle

The injunction application was to be disposed of preferably within a period of two months from the next date fixed, without granting any unnecessary adjournment to either of the parties.

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Key takeaways

The learned Trial Court was further requested to dispose of Title Suit No. 423 of 2019 as expeditiously as possible, preferably within eight months from the date of disposal of the injunction application, without granting unnecessary adjournments.ratio¶13
In view of the nature of the proposed order, no prior service/notice was directed, but the petitioners were obliged to serve a copy of the application along with a copy of the order upon the opposite parties within a week from date.ratio¶9

Detailed headnote1 paragraphs

Civil Order - expeditious disposal - revisional application concerning Title Suit No. 423 of 2019 pending before the Civil Judge (Senior Division) 2nd Court, Barasat, North 24 Parganas, and a pending injunction application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908. Without prior notice, the revisional application was disposed of by requesting the trial court to dispose of the injunction application as expeditiously as possible, preferably within two months from the next date fixed, and the suit preferably within eight months from disposal of the injunction application, without granting unnecessary adjournments to either party; petitioners to serve a copy of the application and order on the opposite parties within a week.

Tarak Dutta and Ors. v. Sandhya Dutta and Ors.

Case brief

What is this about?

What did the court decide?

Tarak Dutta and Ors. v. Sandhya Dutta and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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