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Calcutta High CourtCO/3408/2023disposed

Smt. Debarati Datta(Nee Paul) v. Sri Debayan Datta

2024-03-22Hon'Ble Justice Hiranmay Bhattacharyya2 pages

22.03.2024 Item No.16 gd/ssd CO/3408/2023 SMT. DEBARATI DATTA (NEE PAUL) VS SRI DEBAYAN DATTA MS. Sanjukta Samanta ..for the petitioner.

This is an application for expeditious disposal of a Misc. Case No.623 of 2018 filed under Section 36 of the Special Marriage Act in connection with Matrimonial Suit No.728 of 2018 pending before the learned Additional District Judge, 15th Court at Alipore.

The learned Advocate appearing for the petitioner draws the attention of the Court to an order dated 27th August, 2019 wherefrom it appears that 19th September, 2019 was fixed for further cross-examination of P.W.-1.

Learned Advocate submits that the opposite party is taking repeated adjournments in this matter and the misc. case which was initiated in the year 2018 is yet to be disposed of.

Record reveals that 16th October, 2023 was fixed for further cross-examination of P.W.-1. On a query of the Court the learned Advocate appearing for the petitioner submits that on 16th October, 2023 also the matter stood adjourned and

the last date for further cross-examination of P.W.-1 was fixed on 21st March, 2024.

The learned Advocate further submits that the opposite party also took adjournment on 21st March, 2024.

In view of the aforesaid submissions made by the learned Advocate for the petitioner, C.O.3408 of 2023 is disposed of by requesting the learned Additional District Judge, 15th Court at Alipore, District 24 Parganas (South) to conclude evidences of the respective parties in the miscellaneous case as expeditiously as possible but preferably within a period of eight weeks from the next date fixed by the learned court below and to dispose of the miscellaneous case immediately thereafter.

There will be no order as to costs.

Urgent certified copy of this order, if applied for, be given to the learned advocates for the parties on usual formalities.

(HIRANMAY BHATTACHARYYA, J.)