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Calcutta High CourtCO/1663/2020disposed

Soumak Basu v. Surela Basu Chakraborty

2021-01-08Hon'Ble Justice Shampa Sarkar2 pages

08.01.2021 Court No. 19 Item No.20 CP C.O. 1663 of 2020 Soumok Basu vs.

Surela Basu (Chakraborty) Mr. Sohini Bhattacharyya ....for the petitioner.

This is an application filed by the husband/father/petitioner in Misc Case No. 20 of 2019. The petitioner prays for a direction upon the learned court below for expeditious disposal of the Misc case.

Records reveal that the parties were sent to mediation and the parties have come to an amicable settlement on the visitation rights of the father. The final report of the learned mediator is lying before the learned court but no order has been passed.

It is submitted that the records would reveal that the wife/opposite party has continuously taken adjournments in order to delay the Misc Case and has not participated in the proceedings diligently. It is prayed that the learned court below be directed to dispose of the entire Act VIII case as expeditiously as possible.

I have not gone into the merits of the claim of the petitioner. No observation is made herein with regard to the dispute involved, but this court finds

that justice would be subserved if the learned Additional District Judge, FTC-3, Barasat is directed to dispose of the Misc. Case No. 20 of 2019 as expeditiously as possible, preferably within a period of eight months from the date of communication of this order, unless the learned court below is prevented by sufficient reasons for not proceeding with the case. The learned court below will proceed independently and in accordance with law without being influenced by any observation made hereinabove.

The revisional application is disposed of. There shall be no order as to costs.

Petitioner is directed to serve a copy of this revisional application along with the server copy of this order upon the opposite party within a week from date.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)