Moumita Roy Adhikary v. Pankaj Roy

22.08.2024 Item No.47, DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 2749 of 2024 Moumita Roy (Adhikary) -Vs- Pankaj Roy Mr. Satyam Mukherjee, Ms. Sayani Ahmed, Mr. Purnendu Shekhar Ghosh.

......for the petitioner.

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 suffered an ex parte decree of divorce in Mat Suit No. 451 of 2016 and has taken out an application under Order IX Rule 13 of the Code of Civil Procedure for setting aside the said ex parte decree registered as Misc. Case No. 06 of 2018 before the Court of the learned Additional District Judge, Fast Track 4th Court at Barasat, District : 24-Parganas (North).

The petitioner is complaining delay in disposal of the said misc. case and is praying for a direction for expeditious disposal of it.

It appears from record that the evidence of the petitioner in the said Misc. case has already

been concluded and the recording of the evidence of O.P.W.1 has started, in view of such stage of the said misc. case, the learned Trial Judge is requested to bring it to its logical conclusion within a reasonable time and in doing so, shall not grant any unnecessary adjournment to either of the parties.

C.O. 2749 of 2024 is disposed of with the above terms without any order as to costs.

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.)