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2026 DAILYLAW 31571 (CAL)

KEDARLAL BARNOAL AND ANOTHER v. SANJOY BARNWAL AND ANOTHER

CRR/2615/2026 · 2026-07-30

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

30.07.2026 Serial no. 08 [Srimanta] Ct. No. - 29 CRR 2615 of 2026 In re : An Application under Section 483 of the Code of Criminal Procedure, 1973 corresponding to Section 529 of the Bharatiya Nagarik Sureaksha Sanhita, 2023 -And- In the matter of : KEDARLAL BARNOAL & ANR. … … Petitioners. Mr. Pronojit Roy, Advocate … … For the Petitioners. 1. In this application, the petitioners have prayed for direction upon the Court below for expeditious disposal of the execution case being Misc. Execution Case No. 278/2024 arising out of Misc. Case No. 68/2024 presently pending before learned Judicial Magistrate, 4th Court, Durgapur. 2. Being aggrieved by the delay caused in disposal of the said proceeding, learned Counsel for the petitioners submits that the petitioners filed an application under Section 125 of the Code of Criminal Procedure praying for maintenance against his sons. By an order dated 19.07.2024, learned Court below directed to pay ad interim maintenance allowance to the tune of Rs.5,000/- per month to each of the petitioners till disposal of the maintenance case. Thereafter, since the maintenance amount had not been paid, the petitioners were compelled to file the present Misc. Execution Case No. 278/2024 for realization of arrear amount of maintenance 2 from the opposite parties. Said execution case has not yet been disposed of. 3. Having heard learned Counsel for the petitioners, it appears that the prayer made by the petitioners is innocuous and if it is allowed in terms of the prayer made in the application, the opposite parties will have no cause to prejudice and as such service of copy of application upon the opposite parties is dispensed with. 4. Having considered the submissions made by learned Counsel for the petitioners and also considering the fact that the execution proceeding has got stalled for about two years, I find that the prayer made by the petitioners is justified and required to be allowed to secure the ends of justice. 5. In view of above, the instant proceeding being CRR/2615/2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the Misc. Execution Case No. 278/2024 arising out of Misc. Case No. 68/2024 and to make his best effort to conclude the said execution proceeding preferably within a period of three months from the next date of hearing. 6. All parties are to act on the server copy of this order duly downloaded from the official website of the Calcutta High Court. (Dr. Ajoy Kumar Mukherjee, J.)