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2025 DAILYLAW 39744 (CAL)

MENAKA DAS @ MANASA v. NIKHIL DAS

CRR/3689/2024 · 2025-03-17

Suvra Ghosh

body2025

Judgment text

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March 17, 2025 163 ARDR CRR 3689 of 2024 Menaka Das @ Manasa Vs. Nikhil Das Adv. Kingsuk Mondal, Adv. Partha Sarathi Mondal, ... for the Petitioner. Adv. Arka Kumar Nag, Adv. Soham De Dhara, …for the op. The petitioner is aggrieved by the order dated 23rd July, 2024 passed by the learned Additional District & Sessions Judge, Kakdwip, South 24 Parganas in Criminal Revision no. 74 of 2024 arising out of Misc. Execution case no. 82 of 2022 pending before the learned Additional Chief Judicial Magistrate, Kakdwip. An order passed by the learned Additional Chief Judicial Magistrate, Kakdwip in M. case no. 06 of 2013 on 6th February, 2019 was modified by the learned Additional Sessions Judge, 2nd Court, Kakdwip by an order passed on 27th July, 2022 in Criminal Revision no. 16 of 2910 directing the opposite party/husband to pay Rs.5,000/- per month to the petitioner/wife from the date of filing of the revisional application. Due to non-compliance of the said order by the opposite party, the petitioner filed two execution cases which are pending. In M. execution case no. 82 of 2022, the learned Magistrate, by an order passed on 6th June, 2024 directing issuance of distress warrant against the opposite party for realisation of an amount of Rs.3,38,200/- due till 31st October, 2022. The opposite party assailed the said order before the leaned Additional District & Sessions Judge, 1st Court, Kakdwip and by the order impugned, the order passed in M. Execution case was stayed. 2 According to the petitioner, Rs.4,33,200/- is due from the opposite party. The opposite party undertakes to pay Rs.1,00,000 (Rupees one lakh) to the petitioner within one week from date and the remaining due within three months thereafter. The stay granted by the learned revisional court shall continue subject to compliance of this order by the opposite party. Learned revisional Court is directed to take the criminal revision to its logical conclusion within three months from the next date of hearing fixed before him upon granting reasonable opportunity of hearing to the parties, in accordance with law. Accordingly, CRR 3689 is disposed of. Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance with all requisite formalities. (Suvra Ghosh, J.)