Extracted from the PDF above. The PDF is authoritative.
1.9.2026 7 sb
CRR 3606 of 2026
Parul Mitra (Nayek) @ Parul Mitra
Vs.
Rajib Mitra
Mr. Suhrid Sur Mr. Swarnava Ray …for the Petitioner
In this application, the petitioner is aggrieved with the delay in disposal of the execution case being M.(Ex) no. 244 of 2024, presently pending before the learned Judicial Magistrate, 5th Court, Hooghly. Learned counsel for the petitioner submits that the petitioner herein preferred an application under Section 125 of the Code of Criminal Procedure before the concerned Magistrate, who awarded monthly maintenance of Rs. 12,000/- per month in favour of the petitioner and Rs. 12,000/- per month in favour of the minor son with effect from 21.8.2019 and also directed to pay the arrear amount of maintenance within two months. Such payments were not made in terms of the order dated 30th July, 2026 and for which, the petitioner preferred the execution case being no. M.(Ex) no. 244 of 2024 for realization of the entire amount. It is further submitted that the son of the petitioner thereafter attained majority in the month of April,
2025. The petitioner filed aforesaid execution case for recovery of Rs. 13,06,200/- out of which a paltry sum has been paid which has been adjusted and therefore, a
2 direction is required to be passed to the court below for expeditious disposal of the said execution proceeding. 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 therein, the opposite party will have no cause to prejudice and as such, the service of copy of application upon the opposite party is hereby dispensed with. Having considered the submissions made on behalf of the petitioner, the instant application being CRR 3606 of 2026 is hereby disposed of with a direction upon the court below to expedite the hearing of the execution case being no. M.(Ex) no. 244 of 2024 and to make every endeavour to conclude the said execution proceeding preferably within a period of three months from the next date of hearing without granting any unnecessary adjournment to either of the parties. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)