Asma Bibi v. Abdul Ohab& ANR

C.R.R. 1326 of 2018 with CRAN 1 of 2018 (CRAN 2237 of 2018) Court No.

Item 168 ssi 16.03.

In the matter of:- Asma Bibi Mr. Prabir Chatterjee ...for the petitioner Mr. B. Panda Mr. S. Bhakat ...for the State Mr. S. Bhattacharjee Mr. D. Chakraborti ..for the opposite party Although this is an application filed by the petitioner wife challenging the insufficiency of the monthly interim maintenance granted to her in 2005 along with an application for condonation of delay of about 3 years and 4 months in doing so, the learned counsel appearing on behalf of the petitioner submits that the petitioner would not like to press the same and would instead make a prayer for enhancement of maintenance allowance before the learned trial Court under Section 127 of the Code. Accordingly, the revisional application and the connected application under Section 5 of the Limitation Act are disposed of as not pressed.

It is the further submission of the learned counsel for the petitioner that the records of the case have been misplaced after transfer to the learned Court where it is presently pending.

In the event, it is found that the records of the case have been misplaced the concerned learned trial Court shall take appropriate steps to reconstruct the records and decide the application, if any, filed by any of the parties to this proceeding.

With these observations, the revisional application is disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)