Rokeya Klhatun @ Rokeya Khatun v. State Of West Bengal And ANR

September 2, 2024 51 ARDR CRR 2643 of 2024 Rokeya Klhatun @ Rokeya Khatun Vs.

The State of West Bengal & anr.

Adv. Swapan Kumar Mallick, Adv. Mazhar Hossain Chowdhury, ...for the petitioner.

Since the petitioner seeks expeditious disposal of M.R. 104 of 2021 pending before the learned Additional Chief Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur and M.R.execution cases being nos. 105 of 2022 and 29 of 2023 and 114 of 2023 pertaining to M.R. case, the matter may be disposed of without service of notice upon the opposite parties. The opposite parties shall not be prejudiced by an order directing expeditious disposal of the cases.

It appears that in M.R. case no.104 of 2021 ex parte evidence of the petitioner was concluded on 6th January, 2024. No order has been passed till date. The next date for passing ex parte order has been fixed on 6th September, 2024.

In view of the above, this Court is inclined to hold that since the matter is awaiting an order of the learned Magistrate, the learned trial Court is directed to dispose of the case being M.R. 104 of 2021 pending before him on the next date of hearing fixed before him and if the same is not possible due to valid reasons, within one month thereafter. The learned trial Court is also directed to dispose of the execution cases pertaining to the maintenance case pending before him as expeditiously as possible, in accordance with law.

CRR 2643 of 2024 is disposed of.

Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance of all requisite formalities. (Suvra Ghosh, J.)