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Calcutta High CourtCRR/4263/2009disposed

Dhira Ghosh v. State Of West Bengal & ORS

2021-06-17Hon'Ble Justice Tirthankar Ghosh2 pages

CRR 4263 of 2009 g.b.

17.06.2021 Court No.34 In Re: - An application under Section 401 and 482 of the Code of Criminal Procedure;

And In Re: - Dhira Ghosh Petitioner None appeared on behalf of the petitioner or the opposite parties.

I find from the contents in the revisional application that the grievance of the petitioner is inaction on part of the opposite party to pay maintenance as per direction of the learned trial court. The copies so enclosed along with the application reflects that some of the execution proceedings were disposed of and some of the execution proceedings were pending. There is no scope to interfere when the trial court is in seisin of the execution proceedings. I also find that the revisional application was preferred in the year 2009 and was taken up on 11.01.2010. There was no interim order in connection with the said revisional application.

As 12 years have passed in the meantime and there was no specific case of delay being contributed by the courts and I find that on many occasions execution cases were disposed of after the arrear quantum of maintenance was received by the present petitioner, no useful purpose will be served by keeping the revisional application pending before this court. As such CRR 4263 of 2009 is dismissed without any order as to costs. All connected applications are also disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)