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Calcutta High CourtCRR/1520/2026disposed

Rina Bibi v. State Of West Bengal And ANR

2026-06-18Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

18.06.2026 Sl. No.29.

D/L.

Mithun.

Ct.No.29.

CRR/1520/2026 Rina Bibi Vs.

State of West Bengal & Anr.

Mr. Aniket Mitra ...for the petitioner Petitioner herein has prayed for expeditious disposal of the Misc. Execution Case No.370 of 2026 arising out of M. Case No.426 of 2013 presently pending before learned Judicial Magistrate, 3rd Court, Alipore.

Being aggrieved by inordinate delay in disposing of the execution application which is pending for last 10 years, learned Counsel for the petitioner submits that this High Court while disposing CRR 401 of 2024 dated 08.02.2024 noted the agony expressed by the petitioner and was pleased to direct that the Court below would fix at least one date in a month and will fix a schedule of instalments so that the present petitioner gets a complete picture regarding the time frame within which the arrears accrued will be cleared. At that point of time, the sum accumulated was Rs.2,71,000/- and now the total arrear amount accumulated is Rs.3,20,500/-. Therefore, he prayed for necessary direction upon the Court below for expeditious disposal of the said proceeding.

Having heard learned Counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made in the application, the opposite party will have no cause to prejudice and, as such, service of copy of application upon the opposite party is dispensed with. Having considered submissions made on behalf of the petitioner who is a hapless lady and knocking the door of justice for getting the maintenance amount awarded by the Court and that the execution application is pending for last 10 years, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice.

In view of above, CRR 1520 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the proceeding being M. Execution Case No.370 of 2016 and to make his best endeavour to conclude the entire proceeding preferably within a period of three months from the next date of hearing.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )