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Calcutta High CourtCO/1223/2024disposed

Manisha Das Dey Alias Monisha Das Dey v. Somnath Das

2024-05-01Hon'Ble Justice Shampa Sarkar2 pages

Item No.7 01.05.2024 Court. No. 19 GB C.O. 1223 of 2024 Manisha (Das) Dey @ Monisha Das (Dey) Vs.

Somnath Das Mr. Anirban Guin ... for the Petitioner.

By this application, the petitioner seeks expeditious disposal of Misc. Case No.27 of 2022, which has been filed in connection with Matrimonial Suit No.443 of 2021. The proceedings are pending before the learned Additional District Judge, 3rd Court at Berhampore, Murshidabad. 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 dispose of the misc. case within a period of three months from the next date fixed. Upon disposal of the misc. case, the learned court shall make a sincere endeavour to dispose of the suit within a year. Adequate opportunity shall be given to the parties to contest the same.

This court has neither expressed any opinion on the merits of the suit nor 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.

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.)