Extracted from the PDF above. The PDF is authoritative.
Court No. 6 (265719) 03.07.2026
(AD 13)
(S. Banerjee) CO 2082 of 2026
Samit Ghosh Vs. Sitaram Ghosh
Mr. Sanjib Seth
…for the petitioner
This application under Article 227 of the Constitution of India is at the instance of the defendant praying for a direction upon the learned Civil Judge (Jr. Division), Howrah to dispose of Title Suit No. 1672 of 2025 expeditiously. Learned advocate appearing for the petitioner submits that the injunction application is yet to be
disposed of. He submits that the injunction application is otherwise ready for hearing. From the
order-sheets appended to this application this Court finds that an application under
Order 1 Rule 10(2) of the Civil Procedure Code filed by the plaintiff is still pending. In view of the order sought and proposed to be passed, there is no necessity to direct issuance of any notice upon the opposite-party. However, the learned advocate-on-record of the petitioner shall be obliged to forward a copy of this application along with this
order, upon the opposite-party or upon the learned
2 advocate representing the opposite-party before the learned trial judge. In the light of the submissions made by the learned advocate appearing for the petitioner, CO 2082 of 2026 stands disposed of by requesting the learned Civil Judge (Jr. Division), Howrah to take up the hearing of the application on the next date fixed, i.e., on August 11, 2026 if the same is otherwise ready for hearing and to make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournment to either of the parties. In the event the learned trial judge is of the view that the injunction application cannot be disposed of prior to disposal of the application under Order 1 Rule 10(2) of the Civil Procedure Code, the learned trial judge shall be free to proceed in accordance with law and shall not be swayed only by the fact that this Court has directed expeditious disposal of the same.
(Hiranmay Bhattacharyya, J.)