Pali Bal Mishra @ Pali Bal v. Paramananda Mishra

16.09.2025 Item No.41 Ct. No. 446 RP CRR 3784 of 2025 In the matter of : Smt. Pali Bal Mishra @ Pali Bal ..... Petitioner Mr. Sabyasachi Mukherjee Ms. Ankita Nandi Ms. Swastika Saha Ms. Debjani Chakraborty Mr. Ranabir Halder ....For Petitioner

1. This application has been filed under Section 529 of BNSS 2023 for expeditious disposal of the complaint Case No.2115 of 2018 pending before the learned 1st Judicial Magistrate, Barasat for adjudication.

2. It is submitted that the matter is pending since 2018 but till date no interim order has been passed though several dates have been given for the said purpose on account of adjournment prayed for by the opposite party herein. Accordingly, under compulsion this application is moved.

3. Heard the submission and perused the record as also the copies of the order sheets filed before this Court which reflects that the matter was transferred to the learned Judicial Magistrate, 1st Court at Barasat for disposal on 20.11.2018 and the opposite party appeared therein on 21st April, 2021 and thereafter the interim petition was heard and affidavits-of-assets and

liabilities were directed to be filed in the year 2021. The application for interim maintenance was taken up for hearing on several occasions since thereafter and lastly on March 2025 when the matter was taken up for hearing and on the prayer of the respondent again the date was fixed on 23rd July, 2025 for hearing of the interim petition. It is submitted before this Court that on 23rd July, 2025 also nothing happened and the matter is adjourned till 26th February, 2026.

4. Having heard the learned advocate representing the petitioner and considering various orders passed by the learned Court and the accommodation granted to the opposite party on several occasions causing delay in hearing of the interim maintenance since 2021, this Court is of the view that an order of expeditious hearing is to be passed directing the Court to take up the application for interim maintenance on the next date which is fixed on 26th February, 2026 positively without granting any adjournment to either of the parties. It is made clear that in case any such situation arises for which the matter cannot be taken up on the date fixed, the said application must be heard and disposed of within a month thereafter.

5. In view of the nature application filed, which is for expeditious disposal of the proceeding pending before

the Court below no direction is given to serve notice upon the opposite party as the allegation made against the opposite party in the revisional application are not gone into by this Court.

6. In view of the above, this revisional application is disposed of.

7. Urgent Photostat certified copy of this order, if applied for, be delivered to the learned advocates for the parties, upon compliance of all formalities.

(Chaitali Chatterjee (Das), J.)