ASIM KUMAR MONDAL, J. - (1.) THIS is an application under Article 227 of the Constitution of India challenging the order being No. 1 dated October 3rd, 2012 passed in Misc. Appeal no. 146 of 2012 by the learned by the learned District judge at Barasat along with the order being No. 22 dated September 10th, 2012 passed in Misc. Case No. 212 of 2012 by the learned Civil Judge, Junior Division, 1st Court at Barasat. Both the orders arising out of Title Suit No. 404 of 2009. The opposite parties herein filed a suit for specific performance of contract against the petitioners / defendants.
(2.) THE case of the parties in short is that the plaintiffs filed an application for injunction before the learned Court below which was refused by order dated July 31st, 2009. The plaintiffs preferred an appeal against the said order of refusal before the High Court being No. F.M.A.T. 1166 of 2009. In the said appeal an interim order of injunction was passed till the disposal of the appeal. The Miscellaneous appeal being No. F.M.A.T. 1166 of 2009 was disposed of by the High court by order dated December 14th, 2011 directing the learned Trial Court to treat the application filed by the petitioners for vacating the interim order as affidavit -in -opposition to the application for injunction filed in the main suit and also liberty was given to file affidavit -in -reply by the opposite parties and further directed to dispose of the injunction matter within three weeks therefrom. During pendency of the said injunction matter the plaintiff No. 2 died and the legal heirs were substituted under Order 22 Rule 4 of the Civil Procedure Code. The said order of learned Trial Court allowing the prayer for substitution under Order 22 Rule 4 of the Civil Procedure Code was challenged in revisional application before the High Court being No. C.O. 1461 of 2012.
(3.) THE Hon'ble Court dispose of the said revisional application with a direction to dispose of the prayer for substitution under order 22 Rule 9 of the Civil Procedure Code if such recourse is taken and thereafter dispose of the injunction matter within three weeks from the date of communication of the order.;