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Calcutta High CourtCRR/2935/2015dismissed for non prosecution

Smt Mahua Hazra v. Debasis Hazra

2022-05-10Honble Justice Ananda Kumar Mukherjee2 pages

10.5.2022 S.D.

11.

C.R.R. 2935 of 2015 Smt. Mahua Hazra Vs.

Sri Debasis hazra Mr. Biswajit Maity Ms. Reshmi Khatun ...For the petitioner.

Ms. Sutapa Sanyal Mr. Diptomoy Talukder ...For the O.P.

The revisional application, directed against an order dated 24.7.2015 passed by learned Chief Judicial Magistrate, Howrah in Misc. Execution Case No. 1440 of 2014 has been listed today for hearing. Mr. Biswajit Maity and Ms. Reshmi Khatun, learned advocates appeared for the petitioner.

Ms. Sutapa Sanyal and Mr. Diptomoy Talukder, learned advocates appeared for the opposite party.

Report received from the Assistant Registrar dated 25.4.2022 indicates that notice regarding hearing of this case have been duly served upon the petitioner as well as the respondent. Learned advocate for the petitioner submits that the petitioner is not inclined to proceed further with this revisional application as parties have settled their dispute. Ms. Sanyal, learned advocate for the opposite party submits that there had been several litigations between the

petitioner and the opposite party regarding maintenance which was put to rest through a Mediation proceeding. It is further submitted that thereafter the other cases between the parties were withdrawn. Considered the submissions made by learned advocates for both parties. Perused the copy of documents relating to settlement in course of Mediation proceeding in M.A.T. Suit No. 5 of 2009 and resolution of other disputes like G.R. Case No. 233 of 2009 pending before learned Judicial Magistrate, 4th Court, Howrah.

Report and the server copies of documents filed in Court be kept with the record.

Considering all these aspects, the revisional application is dismissed for non-prosecution.

Interim order, if any, stands vacated.

Let a copy of this order be communicated to learned Chief Judicial Magistrate, Howrah for information.

(Ananda Kumar Mukherjee, J.)