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Calcutta High CourtCO/202/2022disposed

Pradip Kumar Roy v. Joysree Roy Nee Barua

2022-02-07Hon'Ble Justice Kesang Doma Bhutia2 pages

07.02.2022 Ct. 21 D/L 25 ab C.O. 202 of 2022 (Via Video Conference) Prarip Kumar Roy -VsSmt. Joysree Roy (nee Barua) Mr. Satyam Mukherjee, Ms. Sayani Ahmed, ... for the petitioner Mr. Satyam Mukherjee, learned advocate appears for the petitioner.

Record shows that the notice of this application has not been served on the opposite party.

The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the applications under Section 151 of the Code of Civil Procedure preferred by the petitioner in connection with Misc. Case (Act VIII) No. 23 of 2014 and the proceeding itself being Misc. Case (Act VIII) No. 23 of 2014, pending before the learned Additional District Judge, 2nd Court at Barasat, North 24 Parganas.

The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the misc. case, I do not find any need to serve notice of the present application on the opposite party and it is

not likely to cause any prejudice to the interest of the opposite party. Therefore, service of notice upon the opposite party is dispensed with.

The learned Additional District Judge, 2nd Court at Barasat, North 24 Parganas, is requested to dispose of the applications under Section 151 of the Code of Civil Procedure preferred by the petitioner in connection with Misc. Case (Act VIII) No. 23 of 2014 and the proceeding itself being Misc. Case (Act VIII) No. 23 of 2014, as expeditiously as possible and in any event, within a period of six months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties. Accordingly, the revisional application being C.O. 202 of 2022 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)