Arijit Dey v. Shrayasi Dey

Item No. 144 27.07.2023 Court. No. 19 GB C.O. 2326 of 2023 Sri Arijit Dey Vs.

Mrs. Shrayasi Dey Mr. Saumyen Datta, Mr. Tapas Singha Roy, Mr. Pinaki Brata Ghosh ... for the Petitioner.

The father in (Act-VIII) Misc. Case No.218 of 2018, which is pending before the learned Additional District Judge, 3rd Court at Barasat, District -24 Parganas (North), prays for expeditious disposal of the said proceeding. It is submitted that the father is being deprived from visiting his children and the Act-VIII case must be disposed of expeditiously. It is also submitted that the Court is vacant. Considering the order sheet, this Court is of the view that long dates have been fixed by the learned court below. The agony of the father cannot be overlooked. It appears that the matter is at the stage of evidence.

This Court has not expressed any opinion on the merits of the case. An order of expeditious disposal enures to the benefit of all the parties and hence this revisional application need not be served upon the opposite party, before its disposal. The prayer is innocuous. Under such circumstances, this Court directs that the learned Additional District Judge, 3rd Court at Barasat, District -24 Parganas (North) or the Judge-in-Charge must dispose of the (Act-VIII) Misc. Case No.218 of 2018 within a

year from the next date fixed, upon giving adequate opportunity to the opposite party to contest the same. The learned court below, shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.

Accordingly, the revisional application is disposed of. Petitioner is directed to serve a copy of the revisional application upon the opposite party, along with the server copy of this order.

However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)