Smt Kakali Sur Nee Mandal v. Sudip Kumar Sur

(59) 07.10.2021 (p.jana)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION (Via Video Conference) CO No. 1211 of 2021 Smt. Kakali Sur nee Mandal -versus- Sri Sudip Kumar Sur Mr. Ujjal Ray, ... for the petitioner.

Ms. Madhumita Sil, Ms. Debapriya Mitra, ... for the opposite party. The petitioner is the respondent of the Matrimonial Suit No. 514 of 2005 renumbered as Mat. Suit No. 78 of 2005 pending before the learned Additional District & Sessions Judge, Fast Track Court II, Barasat.

The petitioner by the present application under Section 24 of the Code of Civil Procedure is praying withdrawal of the said suit from the said Court and transfer of it to the Court of the learned District Judge, Hooghly at Chinsurah on the ground that she is a resident of Mankudu, District: Hooghly, as such, it would be difficult for her to travel to Barasat to contest the said suit. That apart, she cannot walk properly due to some injury in her leg.

Learned counsel appearing for the petitioner files the certified copy of the orders passed in the said suit wherefrom it appears that the suit has reached at the stage of peremptory hearing and the witness action in the suit has started, at this

stage, the withdrawal and transfer as prayed for is not warranted.

CO 1211 of 2021 is disposed of with the request to the learned Trial Judge to expedite the hearing of the said suit and shall consider the inconvenience of the wife while fixing the dates in the said suit.

The certified copy of the orders filed on behalf of the petitioner be kept with the record.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.

(Biswajit Basu, J.)