Calcutta High Court (Appellete Side)
Sri Pashupati Nath Lall & Anr vs Uttar Kolkata Simla Sporting Club & Anr on 11 September, 2019
1 Sl. September 105 11, 2019 High Court at Calcutta Civil Revisional Jurisdiction C.O. 3030 of 2019 Sri Pashupati Nath Lall & anr.
Versus Uttar Kolkata Simla Sporting Club & anr.
Mr. Souradipta Banerjee, ...for the petitioners.
In view of the nature of the order proposed to be passed, no prior service of notice of this revisional application on the opposite parties is deemed necessary.
It is submitted on behalf of the petitioners that the petitioners do not want to press the pending injunction application taken out by the petitioners in the court below, for the purpose of expediting the suit itself, more so since the petitioner no. 1 is a septuagenarian and is in extreme urgency in so far as the recovery of possession prayed for in the suit is concerned, since the petitioner no. 1 is being compelled to reside on the first floor and finds it extremely difficult to alight to the ground floor, which is occupied by the opposite parties.
Be that as it may, without going into all such allegations or without rendering any finding on the merits of such allegations, it appears prima facie that there is extreme urgency involved in disposal of the suit.
Accordingly, the revisional application bearing C.O. 3030 of 2019 is disposed of by directing the Judge, Twelfth Bench, City Civil Court at Calcutta, to dispose of Title Suit No. 1681 of 2017, pending in the said court, as expeditiously as possible, preferably within eight working months from the date of communication of this order to the court below, without granting any 2 unnecessary adjournment to either of the parties, on condition that the petitioners have their injunction application, filed in the said suit, dismissed as not pressed within a week from this date.
There will be no order as to costs.
The petitioners shall communicate this order to the court below as well as to the opposite parties and/or their learned advocate appearing in the court below at the earliest.
Photostat certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites.
( Sabyasachi Bhattacharyya, J. ) dns