Sri Debabrata Pal v. Smt. Dipanwita Pal Nee Ghosh

15.04.2024 Sl. No.9(DL) srm C.O. No. 2819 of 2023 Sri Debabrata Pal

Versus

Smt. Dipanwita Pal nee (Ghosh) Ms. Debjani Ghosal ...for the Petitioner.

The petitioner prays for expeditious disposal of Act VIII Case No.70 of 2018, which is pending before the learned District Judge, Hooghly.

It is submitted that the said application has been pending since 2018 and the evidence of the parties have been concluded.

Considering the submission, this Court is of the view that the prayer of the petitioner for early disposal of the proceeding, is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

Under such circumstances, the revisional application is disposed of, with a direction upon the learned court to dispose

of the Act VIII case within six months from the next date fixed, independently and strictly in accordance with law, upon allowing the parties to contest the proceeding. Unnecessary adjournments shall not be granted to any of the parties. This Court has not gone into the merits of the Act VIII case.

A copy of the revisional application along with a server copy of this order be served upon the opposite party within a week.

The revisional application is, thus, disposed of. There will be, however, no order as to costs. Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)