25.06.2026 Sl.92 Court No.19 BP CO 1693 of 2026 Efcalon Tie Up Private Ltd. Vs. Ganga Prasad Kamat & Anr. Mr. Siddhartha Banerjee Mr. Dwaipayan Basu Mallik Mr. Rajesh Upadhyay …for the petitioner Mr. Tanish Ganeriwala Mr. Tirthajit Roy Choudhury …for the OP 1 This matter was mentioned by the learned advocate for the petitioner by submitting that in view of the resolution of the Bar Association, High Court, it may not be possible for the learned advocates to appear and make submission at 4 p.m. today. He prayed for taking up this matter out of turn. In view of such submission, this matter is being taken up out of turn with the consent of the learned advocates for the respective parties. This application under Article 227 of the Constitution of India is at the instance of defendant in a suit for declaration and permanent injunction praying for a direction upon the learned trial judge to dispose of the pending applications expeditiously. The opposite party no.1 herein filed a suit for declaration of tenancy right and permanent injunction before the learned Civil Judge (Junior 2 Division), 3rd Additional Court at Alipore being Title Suit No. 979 of 2022. In connection with the said suit the petitioner filed an application for dismissal of the suit under Section 151 of the Code of Civil Procedure on 18th November, 2025. The learned trial judge passed an ad interim order of injunction on 4th July, 2022. The petitioners filed an application under Order 39 Rule 4 of the Code of Civil Procedure on 4th August, 2022. Mr. Banerjee, learned advocate appearing for the petitioner submits that the written objection to the application under Order 39 Rule 4 of the Code of Civil Procedure has already been filed and the same is otherwise ready for hearing. On a query of the Court the learned advocate appearing for the opposite party no.1 submits that the written objection to the application for dismissal of the suit has not yet been filed. He prays for some time to file the written objection to the application for dismissal of the suit. He further submits that the hearing of the application for injunction and the application under Order 39 Rule 4 of the Code of Civil Procedure has already commenced. He submits that 10th August, 2026 is fixed for hearing of the application for dismissal of the suit. 3 On the prayer of the learned advocate for the opposite party no.1, this Court permits the opposite party no.1 to file written objection to the application for dismissal of the suit on or before July 14, 2026. In the light of the submissions made by the learned advocates for the respective parties, C.O. 1693 of 2026 stands disposed of by requesting the learned Civil Judge (Junior Division), 3rd Additional Court at Alipore to take up the hearing of the application for dismissal of the suit filed by the petitioner herein on the next date fixed i.e. on 10th August, 2026 and to dispose of the same as expeditiously as possible but preferably within a period of four weeks from the next date fixed without granting any unnecessary adjournments to either of the parties. In the event the application for dismissal of the suit is decided in favour of the plaintiff, the learned Civil Judge (Junior Division), 3rd Additional Court shall make an endeavour to dispose of the injunction application as expeditiously as possible but preferably within a period of eight weeks from the date of disposal of the application for dismissal of the suit. It is however made clear that in the event the opposite party no.1 fails to file the written objection to the application for dismissal of the suit within the time limit mentioned hereinbefore, the opposite party 4 no.1 shall not be permitted to file the written objection to the application for dismissal of the suit. There shall be however no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)