Anjan Chakraborty v. Tripti Chakraborty

11.04.

AGM /RKB Ct C.O. 737 of 2022 Sri Anjan Chakraborty.

Vs Tripti Chakraborty Mr. Sukanta Chakraborty, Mr. Zuber Ahmed ... For the petitioner.

A direction to secure expeditious disposal of a pending Matrimonial Suit No. 3 of 2019 of learned Additional District Judge, 2nd Fast Track Court, Alipore, South 24 Parganas is the ultimate relief sought for in this case.

Mr. Sukanta Chakraborty, learned advocate appearing for the petitioner/husband submits that the suit has been initially instituted in the year 2011 and subsequently re-numbered as 2019.

Upon adverting to some photocopy of the orders passed by the learned court below, Mr. Chakraborty submits that the petitioner/husband has been regularly paying alimony pendente lite, and the Misc. Case under Section 24 of the Hindu Marriage Act has already been disposed of. Issues in this case, according to the petitioner, have already been framed. It is contended by Mr. Chakraborty, that showing the pendency of an interlocutory application, the suit is getting delayed, and there is no steps taken towards securing logical conclusion of the case.

In view of the nature of the order proposed to be made in this case, service upon the opposite party is considered to be not necessary.

The service upon the opposite party is thus dispensed with.

Accordingly learned Additional District Judge, 2nd Fast Track Court, Alipore, South 24 Parganas in Matrimonial Suit No.03 of 2019 is requested to ensure expeditious disposal of pending Matrimonail Suit referred hereinabove, after causing disposal of interlocutory application dated 24.1.2020, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable. With this observation and direction, the revisional application stands disposed of.

While endeavouring such exercise, learned court below may proceed with the disposal of the pending Suit, taking into account the original year of institution of the pending Mat. Suit, in the manner, as situation of the case, would demand, so as to dispense with the justice in a best possible manner. Petitioner is directed to make communication of this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite party and opposite party.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)