Extracted from the PDF above. The PDF is authoritative.
20.07.2026 Sl. No.614. D/L. Mithun. Ct.No.29. CRR/2726/2026
Somraj Ghosh Vs. Sujata Ghosh nee Nag
Ms. Devi Priya Mitra …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, 1st Court, Barackpore arising out of M. Case No.315 of 2015. 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 21st 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. 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
2 party will have no cause to prejudice, and, as such, service of copy of application upon the opposite party is dispensed with. 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. 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, 1st 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. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.
( Dr. Ajoy Kumar Mukherjee, J. )