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Calcutta High CourtCO/2972/2023disposed

Aditya Vikram Mohanka v. The State Of West Bengal And ORS.

2023-09-08Hon'Ble Justice Shampa Sarkar2 pages

Item No.185 08.09.2023 Court. No. 19 GB C.O. 2972 of 2023 Sri Aditya Vikram Mohanka Vs.

Smt. Nidhi @ Ishita Mohanka Mr. Avishek Guha, Mrs. Debarati Das, Ms. Akansha Chopra ... for the Petitioner.

Liberty is granted to correct the cause title here and now.

The petitioner is the husband who seeks disposal of Matrimonial Suit No.81 of 2023, which is pending before the learned Additional District Judge, 4th Court at Barasat. It is submitted that the husband does not want to proceed with the application for maintenance pendenti lite but seeks a direction of this Court for expeditious disposal of the suit. It is further submitted that the suit is at the stage of evidence.

An order of expeditious disposal enures to the benefit of all the parties and hence prior service of this revisional application upon the opposite party is not required. The prayer is innocuous. This Court has not expressed any opinion on the merits of the application.

Considering the fair submission made by the learned advocate for the petitioner/husband, this Court directs the learned Additional District Judge, 4th Court at Barasat to make serious endeavour to dispose of the matrimonial suit within a period of five months from the next date fixed, upon

giving adequate opportunity to the opposite party to contest the same.

The learned court below shall proceed in accordance with law and independently, without granting unnecessary adjournments to either of the parties.

Accordingly, the revisional application is disposed of. Petitioner is directed to serve a copy of the application upon the opposite party, along with a server copy of this order. However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Shampa Sarkar, J.)