Avishek Naha v. Sangita Dutta(Naha)
06.09.2021 Item No.5 Ct. No.7 CHC C.O.1486 of 2021 (Physical Hearing) Avishek Naha Vs.
Sangita Dutta (Naha) Mr. Sudip Ghosh Chowdhury, Mr. Argha Das, Mr. Abhishek Bose ...for the petitioner The Court is approached under Article 227 of the Constitution of India soliciting a direction to ensure expeditious disposal of a Matrimonial Suit No.2224 of 2020, now pending in the court of learned Additional District Judge, 3rd Court, Alipore, South 24 Parganas. Mr.
Ghosh Chowdhury, learned advocate representing the petitioner/husband submits that the petitioner/husband filed instant suit before the court below, in which the opposite party/wife has already entered her appearance and the suit is awaiting framing of issues and reconciliation between the parties.
It is further submitted that due to the impact of COVID-19 and its proliferation, the suit already instituted in the year 2020 has not proceeded to
desirable extent resulting in protraction thereby adversely prejudicing the valuable right of the petitioner/husband.
In such context, Mr. Ghosh Chowdhury has proposed for recording an innocuous direction so that learned court below may expeditiously dispose of the suit in accordance with the provisions of the law. Since an innocuous direction has been sought for as regards expeditious disposal of the suit, the Court is of the view that it does not require any extensive hearing, and the matter even may be disposed of without securing presence of the opposite party/wife. The service upon the opposite party is thus, dispensed with.
Having considered the submission of learned advocate for the petitioner/husband, learned court below is directed to dispose of the suit expeditiously as possible after disposing of interlocutory application, if any, and providing sufficient opportunity of hearing to either of the parties to this case, without granting unnecessary adjournment, unless it is extremely unavoidable.
With this direction/observation the revisional application stands disposed of.
Petitioner is directed to make communication of this order to learned court below and also to O.P. and her learned advocate, so that everybody may come
prepared ready for effective utilization of date/dates to ensure expeditious disposal.
All parties shall act in terms of copy of this order downloaded from the official website of this Court. Urgent certified photostat copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Subhasis Dasgupta, J.)