JUDGMENT :

1. Mr. Sanjay Mukherjee, learned advocate appears for the petitioners and Mr. Buddhadeb Ghosal, learned advocate appears for the opposite parties.

2. It has been contended by the learned advocate for the petitioners that the opposite parties by suppressing about the pendency of the applications filed under Order 7 Rule 11 of the Code of Civil Procedure, under Order 6 Rule 17 of the Code of Civil Procedure and under Order 39 Rules 1 and 2 of the Code of Civil Procedure, has obtained an order in C.O. 140 of 2022 on 03.02.2022 only for expeditious disposal in respect of the application under Order 39 Rule 4 of the Code of Civil Procedure in connection with Title Suit No. 413 of 2021.

3. The learned advocate for the petitioners draws the attention of this Court to the order dated 07.02.2022 passed by the learned Civil Judge (Junior Division), 3rd Additional Court, Alipore, South 24 Parganas, in Title Suit No. 413 of 2021, wherefrom it is seen that indeed not only the application under Order 39 Rule 4 of the Code of Civil Procedure is pending but also the applications filed under Order 7 Rule 11 of the Code of Civil Procedure, under Order 6 Rule 17 of the Code of Civil Procedure