AMAYA RESIDENCES ASSOCIATION OF APARTMENT OWNERS REPD BY ITS PRESIDENT AND ORS v. SOUMEN BISWAS
CO/2452/2026 · 2026-08-06
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33859 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33859 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sl.36 06.08.2026 Court No.6 BP C.O. 2452 of 2026
Amaya Residences Association of Apartment Owners & Ors. -versus- Soumen Biswas
Mr. A. Banerjee Mr. Debabrata Das Mr. Tirthankar Nandi ..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 (Junior Division), 2nd Court at Baruipur to dispose of the application under Order 39 Rule 4 of the Code of Civil Procedure filed in Title Suit No. 261 of 2026 expeditiously. The learned advocate appearing for the petitioners submits that the petitioners have filed an application under
Order 39 Rule 4 of the Code of Civil Procedure for vacating the ad interim order of injunction. He submits that such application is otherwise ready for hearing and hearing of such application has been adjourned from time to time. 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 petitioners 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 submissions made by the learned advocate for the petitioners, C.O. 2452 of 2026 stands
disposed of by requesting the learned Civil Judge (Junior Division), 2nd Court at Baruipur to take up the hearing of the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure and the application under Order 39 Rule 4 of the Code of Civil Procedure on the next date fixed, if the same are otherwise ready for hearing and to make an endeavour to dispose of the same as expeditiously as possible without granting any unnecessary adjournments to either of the parties. 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.)