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2026 DAILYLAW 28703 (CAL)

RAKESH SARKAR AND ORS v. BIJOY MONDAL AND ANR.

CO/2211/2026 · 2026-07-15

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 15 15/07/2026 Ct. No.- 6 Aritra C.O. 2211 of 2026 Rakesh Sarkar & Ors. Vs. Bijoy Mondal & Anr. Mr. Mahadeb Sarkar Mr. Anit Roy Chowdhury ….for the petitioners 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. Div.), 1st Court at Barasat to dispose of Title Suit No.1121 of 2024 expeditiously. The learned advocate appearing for the petitioners submits that the petitioners herein has filed an application under Order XXXIX Rule 4 of the Code of Civil Procedure praying for vacating the order of injunction. He submits that such application is still pending before this Court. He further submits that an application for injunction and the application under Order XXXIX Rule 4 of the Code of Civil Procedure are otherwise ready for hearing. He further submits that September 21, 2026 has been fixed for hearing of the injunction application and the application under Order XXXIX Rule 4 of the Code of Civil Procedure. 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 for the petitioners shall be obliged to forward a copy of this civil revisional application along with this order upon the 2 opposite parties or the learned advocate representing the opposite parties before the learned trial judge. In the light of the submissions made by the learned advocate for the petitioners, CO 2211 of 2026 stands disposed of by requesting the learned Civil Judge (Jr. Div.), 1st Court at Barasat to take up the hearing of the application under Order XXXIX Rule 1 and 2 and application under Order XXXIX Rule 4 of the Code of Civil Procedure on the next date fixed, if the same are otherwise ready for hearing, and to dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)