Sri Tanmoy Nandy v. Smt. Tanushri Manna(Nandy)

Item No.16 04.04.2024 Court. No. 19 GB C.O. 1087 of 2024 Sri Tanmoy Nandi Vs.

Smt. Tanushri Manna (Nandy) Mr. Surajit Roy ... for the Petitioner.

The learned advocate for the caveator has been served. None appears on behalf of the caveator. However, as this is a matter of expeditious disposal, the matter can be taken up ex parte in view of the fact that an innocuous prayer has been made by the petitioner for expeditious disposal of the suit. By this application, the petitioner seeks expeditious disposal of Matrimonial Suit No.1272 of 2022, which is pending before the learned Additional District Judge, 15th Court at Alipore, District - 24 Parganas (South). It is submitted that maintenance pendente lite as directed by the learned court is being paid.

Considering the submissions, this Court is of the view that 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, there is no requirement for service of prior notice upon the opposite party.

Under such circumstances, the revisional application is disposed of with a direction upon the learned court to make a sincere endeavour to dispose of the suit within a year from the next date fixed, subject to payment of maintenance pendente

lite regularly. Adequate opportunity shall be given to the parties to contest the same.

This court has not expressed any opinion on the merits of the suit. 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.

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.)