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2026 DAILYLAW 32277 (CAL)

KUMBHAKARNA MAHATO AND OTHERS v. BANAMALI THAKUR AND OTHERS

CO/2549/2026 · 2026-08-07

Hiranmay Bhattacharyya

body2026

Judgment text

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Item- 15. sg 07-08-2026 Ct. 6 CO 2549 of 2026 Kumbhakarna Mahato & Ors. Versus Banamali Thakur & Ors. [ Mr. Debdutta Basu Ms. Soumalika Nandan …for the petitioners This application under Article 227 of the Constitution of India is at the instance of the defendants praying for direction upon the learned Civil Judge (Junior Division), Purulia, to dispose of the application under Order 39 Rule 1 & 2 of the Code of Civil Procedure filed with Title Suit No. 580 of 2024, expeditiously. Mr. Basu, learned advocate appearing for the petitioners submit that in the meantime, the 3rd respondent left for heavenly abode. Upon his death, his heirs and legal representatives were duly substituted. He further submits that heirs of the defendant no.3 have already entered appearance in the suit. From the order sheets, this Court finds that 21st August, 2026 has been fixed for filing of the amended cause title and for service return and appearance for the defendant no.5. Mr. Basu submits that the application for injunction is otherwise ready for hearing. In view of the order sought and proposed to be passed, there is no necessity to serve notice upon the opposite party. However the learned Advocate-on-Record for the petitioner shall be obliged to forward a copy of this application along with a server copy of this order to the opposite party forthwith. 2 In the light of the submission made by the learned Advocate for the petitioner, this civil revisional application stands disposed of by requesting the learned Civil Judge (Junior Division), Purulia, to take up hearing of the application for injunction on the next date fixed, if the same is otherwise ready for hearing and shall make all endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities. (Hiranmay Bhattacharyya, J.)