Calcutta High CourtCO/1925/2021disposed

Shahnaz Begum v. Md. Abdul Halim And ANR

2021-12-13Hon'Ble Justice Kesang Doma Bhutia2 pages

13.12.2021 Ct. 21 D/L 114 ab C.O. 1925 of 2021 (Via Video Conference) Shahnaz Begum -VsMd. Abdul Halim & Anr.

Mr. Subrata Bhattacharjya, Mr. Indranuj Dutta, ... for the petitioner Let the supplementary affidavit filed by the petitioner in Court today, be kept with the record. The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the proceedings being Act VIII Case No. 192 of 2009 filed under Sections 7 and 10 of the Guardian and Wards Act, 1890, pending before the learned Additional District Judge, 11th Court at Alipore, South 24 Parganas.

The learned advocate for the petitioner submits that the learned Court below has failed to dispose of the said proceeding in the last 12 years and has been granting unnecessary adjournments on the prayer of the opposite parties and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.

Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the proceeding, I do not find any need to serve notice of the present application on the opposite parties and it is not likely to cause any prejudice to the interest of the

opposite parties. Therefore, service of notice upon the opposite parties is dispensed with.

The learned learned Additional District Judge, 11th Court at Alipore, South 24 Parganas, is requested to dispose of the proceedings being Act VIII Case No. 192 of 2009 filed under Sections 7 and 10 of the Guardian and Wards Act, 1890, as expeditiously as possible and in any event, within a period of six months from the date of communication of this order, without granting any unnecessary adjournments to either of the parties.

Accordingly, the revisional application being C.O. 1925 of 2021 is disposed of.

There shall be no order as to costs.

Parties are to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.

( Kesang Doma Bhutia, J.)