Extracted from the PDF above. The PDF is authoritative.
D/L- 27 17/08/2026 Ct. No.- 6 Aritra C.O. 2703 of 2026
Ajanta Roy Vs. Sudeshna Sengupta & Ors. Mr. Rajdeep Bhattacharya Mr. D. Mitra ….for the petitioner
This application under Article 227 of the Constitution of India is at the instance of the defendant no.1, who is the respondent no.1 in Misc. Appeal No.58 of 2026 praying for a direction upon the learned Additional District Judge, 3rd Court at Barasat to dispose of the application for injunction and the under Order XXXIX Rule 4 of the Code of Civil Procedure filed by the petitioner expeditiously. Mr. Bhattacharya, learned advocate appearing for the petitioner submits that injunction was sought for only against the petitioner and the petitioner has also filed an application under Order XXXIX Rule 4 of the Code of Civil Procedure in the Misc. Appeal which is still pending. The learned advocate appearing for the petitioner also submits that the written objection to the injunction application has also been filed. 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 application along with this order upon the opposite parties or the learned advocate representing the opposite parties before the learned judge of the appellate Court. 2
In the light of the submissions made by the learned advocate for the petitioner and considering the fact that the order of injunction was passed against the petitioner and the written objection to the injunction application and the application Order XXXIX Rule 4 of the Code of Civil Procedure have already been filed, this Court is inclined to pass a direction upon the learned Judge of the Appellate Court to dispose of the application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure and under Order XXXIX Rule 4 of the Code of Civil Procedure expeditiously.
Accordingly, CO 2703 of 2026 stands disposed of by requesting the learned Additional District Judge, 3rd Court at Barasat to take up the hearing of the injunction application and the application under Order XXXIX Rule 4 of the Code of Civil Procedure filed by the petitioner on the next date fixed i.e. on August 28, 2026, if the same are otherwise ready for hearing, and to make an endeavour to dispose of the same as expeditiously as possible but preferably within a period of 8 weeks from the next date fixed 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.)