Disposed¶11

Somraj Ghosh v. Sujata Ghosh Nee Nag

Calcutta HC20 Jul 2026CRR/2726/2026

Case brief

AI extract

What is this about?

CRR 2726 of 2026; Somraj Ghosh v. Sujata Ghosh nee Nag; Hon’ble High Court, Calcutta; Dr. Ajoy Kumar Mukherjee, J.; 20.07.2026; expeditious disposal; direction to Court below; Misc. Case No.224 of 2023; setting aside ex parte order; ex parte maintenance order dated 21.01.2016; M. Case No.315 of 2015; Judicial Magistrate 1st Court Barackpore; maintenance; husband-wife; 30 days; service dispensed with; ends of justice; pending more than 3 years; next date 19.08.2026.

What did the court decide?

Direction upon the Court below (Judicial Magistrate, 1st Court, Barackpore) to expedite disposal of Misc. Case No.224 of 2023 and conclude it preferably within 30 days from the next date of hearing; service of the application on the opposite party dispensed with. ¶11

Somraj Ghosh Vs Sujata Ghosh Nee Nag — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the Court below (Judicial Magistrate, 1st Court, Barackpore) to expeditiously dispose of Misc. Case No.224 of 2023, the petitioner's application dated 19.06.2023 for setting aside the ex parte maintenance order dated 21.01.2016 arising out of M. Case No.315 of 2015. +1 more

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Court's answer

The application dated 19.06.2023 having been pending for disposal for more than three years, the Court found the petitioner's prayer for expeditious disposal justified and required to be allowed to secure the ends of justice.

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Ratio / Principle

Since allowing the petitioner's prayer would leave the opposite party with no cause for prejudice, service of copy of the application upon the opposite party is dispensed with.

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Key takeaways

CRR 2726 of 2026 is disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of Misc. Case No.224 of 2023 pending before the learned Judicial Magistrate, 1st Court, Barackpore.ratio¶11
The Court below is directed to make its best effort to conclude Misc. Case No.224 of 2023 preferably within a period of 30 days from the next date of hearing.ratio¶11

Detailed headnote1 paragraphs

Order (single Judge, Dr. Ajoy Kumar Mukherjee, J.) of the Hon’ble High Court, Calcutta dated 20.07.2026 disposing of CRR 2726 of 2026 (Somraj Ghosh v. Sujata Ghosh nee Nag). The petitioner's application dated 19.06.2023 — Misc. Case No.224 of 2023, for setting aside the ex parte maintenance order dated 21.01.2016 granted in favour of the wife in M. Case No.315 of 2015 — had remained pending for disposal for more than three years before the learned Judicial Magistrate, 1st Court, Barackpore, with the next date fixed for recording evidence on 19.08.2026. Finding the prayer innocuous and such as would cause no prejudice to the opposite party, the Court dispensed with service of the application upon her, held the prayer justified as securing the ends of justice, and disposed of the revision with a direction to the Court below to expedite disposal of Misc. Case No.224 of 2023 and conclude it preferably within 30 days from the next date of hearing.

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20.07.2026 Sl. No.614. D/L. Mithun. Ct.No.29.

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CRR/2726/2026

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Somraj Ghosh Vs. Sujata Ghosh nee Nag

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Ms. Devi Priya Mitra

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…for the petitioner Petitioner herein has prayed for expeditious disposal of proceeding being Misc. Case No.224 of 2023 for setting aside ex parte order dated 21.01.2016 presently pending before learned Judicial Magistrate, 1^st Court, Barackpore arising out of M. Case No.315 of 2015.

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Being aggrieved by the inordinate delay caused in disposal of the said application filed by opposite party/husband, learned Counsel for the petitioner submits that learned Court below by an order dated 21^st January, 2016 granted maintenance in favour of the opposite party herein/wife ex parte. On 19.06.2023 the petitioner filed an application for setting aside the said ex parte order but said application is still pending for disposal and the next date is fixed for recording evidence on 19.08.2026. Therefore, the petitioner has prayed for an appropriate direction upon the Court below for expeditious disposal of the said Misc. Case No.224 of 2023.

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Having heard learned Counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made in the application, the opposite

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party will have no cause to prejudice, and, as such, service of copy of application upon the opposite party is dispensed with.

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Having heard learned Counsel for the petitioner and considering the fact that the application filed by the petitioner herein dated 19.06.2023 is pending for disposal for more than 3 years, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice.

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In view of above, CRR 2726 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of Misc. Case No.224 of 2023, presently pending before learned Judicial Magistrate, 1^st Court, Barackpore and to make his best effort to conclude the said Misc. Case preferably within a period of 30 days from the next date of hearing.

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Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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( Dr. Ajoy Kumar Mukherjee, J. )

Somraj Ghosh v. Sujata Ghosh Nee Nag

Case brief

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Somraj Ghosh v. Sujata Ghosh Nee Nag

Case brief

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