Anindita Maity v. Jayanta Kumar Maity

15.04.2024 Ct. No. 19 Sl. No.16 Cp C.O. No. 733 of 2024 Smt. Anindita Maity Vs.

Sri Jayanta Kumar Maity Ms. Pampa Dey (Dhabal) .....for the petitioner.

Despite service upon the learned advocate for the opposite party, none appears on behalf of the opposite party.

The petitioner prays for expeditious disposal of Misc. Case No. 109 of 2023, which is pending before the learned Additional District Judge, 4th Court, Howrah. The said Misc. Case has been filed in connection with Matrimonial Suit No. 800 of 2018.

The prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, presence of the opposite party is not mandatory in this case. The revisional application is disposed of with a direction upon the learned court to dispose of the Misc. Case positively within two months from the next date fixed. Adequate opportunity shall be granted to the parties to contest the same.

This court has not expressed any opinion on the merits of the Misc. Case. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application along with a server copy of this order be served upon the opposite party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned court below, within a week.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order. (Shampa Sarkar, J.)