Petitioner sought expeditious disposal of matrimonial suit before Additional District Judge, Alipore. Court dispensed with service of notice and directed lower court to dispose of suit within a year without adjournments.
Service of notice dispensed; lower court directed to dispose of suit within one year without adjournments.
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07.03.2022 Ct. 21 D/L 148 ab
C.O. 295 of 2022
(Via Video Conference)
Sambuddha Bhattacharya
-Vs-
Manali Bhattacharya
Mr. Aniruddha Chatterjee, Mr. Iftekar Munshi,
... for the petitioner
Mr. Aniruddha Chatterjee, learned advocate appears for the petitioner.
Record shows that the notice of this application has not been served on the opposite party.
The petitioner by filing the present application under Article 227 of the Constitution of India has prayed for expeditious disposal of the pending applications in connection with Matrimonial Suit No. 60 of 2016 as well as the suit itself, pending before the learned Additional District Judge, 15th Court at Alipore.
The learned advocate for the petitioner submits that the learned Court below has been granting unnecessary adjournments and due to which, there is a delay in disposal of the case and such delay is causing hardship to the petitioner.
Having regard to the nature of relief claimed by the petitioner, being a prayer for expeditious disposal of the suit, I do not find any need to serve notice of the present application on the opposite party and it is not likely to cause any prejudice to the interest of the
2
opposite party. Therefore, service of notice upon the opposite party is dispensed with.
The learned Additional District Judge, 15th Court at Alipore, is requested to dispose of the pending applications in connection with Matrimonial Suit No. 60 of 2016, as expeditiously as possible and in any event, within a period of three months from the date of communication of this order, without granting any adjournment whatsoever to any of the parties.
The learned Court below is further requested, after disposal of the interlocutory applications, to make an endeavour to dispose of the suit being Matrimonial Suit No. 60 of 2016, as expeditiously as possible and in any event, within a period of one year threafter, without granting any adjournment whatsoever to any of the parties but being regard to the diary maintained by him/her.
Accordingly, the revisional application being C.O. 295 of 2022 is disposed of.
There shall be no order as to costs.
Parties are to act on the server copy of this order duly downloaded from the official website of this Court.
Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities.
( Kesang Doma Bhutia, J .)
2 issues framed by the court
Whether service of notice on the respondent is necessary for the disposal of the application for expeditious disposal.
Whether the lower court should be restricted from granting adjournments.
1 provisions across 1 enactments
Sambuddha Bhattacharya
Manali Bhattacharya
Kesang Doma Bhutia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
