Gagan Deep Singh v. Smt. Kuljeet Kaur@ Dolly

01.06.2023 Sl.No1 Ct.5/ sn C.O.1029 of 2023 Gagan Deep Singh Vs.

Smt. Kuljeet Kaur @ Dolly Ms. Payel Mitra ..for the petitioner Learned advocate for the petitioner is present. This application is directed against delay in disposal of the Execution Case pending before the learned Additional District Judge, Fast Track Court, Durgapur being Misc Case No. 15/2021 arising out of Mat Suit No. 14/2018.

The petitioner, who has obtained a decree for restitution of conjugal rights, is aggrieved against delay of disposal of the execution case. It appears from the records that the Execution Case being Misc Case No. 15/2021 is pending before the learned court below from 30.11.2021 and from 20.12.2022, although the case was fixed for passing the orders on 16.01.2023, 14.02.2023 and 30.03.2023 but no order is passed on the said Execution case.

Learned advocate for the petitioner submits that the next date is fixed on 18.07.2023.

Upon hearing the learned advocate for the petitioner and considering the facts of the case, this Court is of the view that no fruitful purpose will be

served in issuing notice to the opposite party. Thus, this revisional application stands disposed of. Learned Trial Judge is requested to dispose of the Execution Case being Misc Case No. 15/2021 arising out of Mat Suit No. 14 of 2018 within a period of four weeks from the next date fixed. It is hereby clarified that this Court has not gone into the merits of this case.

Urgent Photostat copy of the order be made available, if applied for, upon compliance with requisite formalities.

(Biswaroop Chowdhury, J.)