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Calcutta High CourtCO/2390/2024disposed

Saibal Basu v. Sudeepta Basu

2024-07-09Hon'Ble Justice Biswajit Basu2 pages

09.07.2024 Item No.10, DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2390 of 2024 Sri Saibal Basu -Vs- Smt. Sudeepta Basu Mr. Saibal Basu.

...Petitioner (in person).

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite party, as such, service of notice of the present application upon the said opposite party is dispensed with.

The petitioner has initiated a proceeding under Section 25 of the Guardian and Wards Act, 1890 to have the permanent custody of his minor son who is in the custody of the mother/opposite party. The said proceeding, being ACT VIII Case No. 59 of 2018, is pending before the 13th Court of the learned Additional District Judge at Alipore, District: 24-Parganas (South).

The petitioner is complaining delay in disposal of the said proceeding.

There is already a direction passed on October 12, 2023 in C.O. 2501 of 2023 for disposal of the said proceeding within a period of six months, mandatorily from the date of

communication of the said order, without granting any unnecessary adjournment to either of the parties.

It appears from record that examinationin-chief of the petitioner has already been concluded and his cross-examination has started, and is scheduled on July 18, 2024.

In the backdrop of the earlier direction of this Court, for disposal of the proceeding within the specified time, the learned Trial Judge is requested to make all endeavour to bring the said case to its logical conclusion within a reasonable time.

Needles to say, as directed earlier, the learned Trial Judge shall not entertain the prayer of the parties for any unnecessary adjournment. C.O. 2390 of 2024 is disposed of with the above direction(s) without any order as to costs. Parties to act on the server copy of this order duly downloaded from the official website of this Court.

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

(Biswajit Basu, J.)