Gourabmoy Ganguly v. Mouli Ganguly

18.04.

C.O. 2232 of 2021 08.

AGM /RKB Ct Gourabmoy Ganguly.

Vs.

Mouli Ganguly.

Mrs. Juin Dutta Chakraborty ... For the petitioner.

A direction to secure expeditious disposal of a Matrimonial Suit being No. 116 of 2018, now pending before the learned Additional District and Sessions Judge, Fast Track Court - II, Howrah is the ultimate relief sought for in this case.

Affidavit of service furnished by the petitioner be taken on record.

Nobody appears for the opposite party either physically or in virtual mode observing the formalities. The affidavit of service is found to be accompanied by the track report obtained from the official website of the postal authority.

The only contention expressed by the learned advocate for the petitioner is the delay caused against the dismissal of the pending Mat Suit, for the adjournment being frequently granted on the prayer of the opposite party/wife.

It is contended by the learned advocate for the petitioner that even during the pendency of this revisional application, the court below has proceeded to

grant adjournment on the prayer of the opposite party/wife.

The order passed by this Court on 17th March, 2022 is brought to the attention of the Court, whereby it was observed "that the pendency of this revisional application will not deter the learned Trial Judge to proceed with the suit and dispose of it in accordance with law".

In view of the nature of the order proposed to be made in this case, no prior notice is considered to be necessary.

The service upon the opposite party is thus dispensed with, so far as the present revisional application is concerned.

Accordingly learned Additional District & Sessions Judge, Fast Track Court-II, Howrah in Matrimonial Suit No. 116 of 2018 is requested to ensure expeditious disposal of the pending Suit, providing sufficient opportunity of hearing to either of the parties to this case, but without granting unnecessary adjournment, unless it is extremely unavoidable While endeavouring such exercise, the learned court below may proceeded with the disposal of the suit in the manner, as situation of the case, would demand, so as to dispense with the justice in a best possible manner.

Petitioner is directed to make communication of

this order to the learned court below as well as to the learned advocate appearing in the court below for the opposite party and the opposite party as well. With this observation and direction, the revisional application stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.

(Subhasis Dasgupta, J)