Extracted from the PDF above. The PDF is authoritative.
21.09.2026 Sl. No.1020. D/L. Mithun. Ct.No.29. CRR/3825/2026
Mohini Saha Vs. Sourav Saha
Mr. Apalak Basu, Mr. Yavik Singhal …for the petitioner
In this application, the petitioner has prayed for a direction upon the Court below for expeditious disposal of M. Execution Case No.542 of 2025 presently pending before learned 9th Judicial Magistrate, Alipore. Being aggrieved by the inordinate delay caused in disposal of the said application, learned Counsel for the petitioner submits that the learned Magistrate directed that the opposite party to pay Rs.85, 000/- per month towards monetary relief from the date of application. Due to non payment, the petitioner initiated the present execution case being M. Case No.542 of 2025 for realization of the dues. The opposite party entered appearance in the said execution proceeding on 24th April, 2026. Thereafter the opposite party has made part payment but the matter is still continuing and for which the petitioner/wife is suffering a lot. 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, the service of copy of application upon the opposite party is dispensed with. Having considered submission made on behalf of the petitioner that the execution proceeding is pending for more than one year, I find that the prayer made by the petitioner is justified and is required to be allowed to secure the ends of justice. In view of above, the instant application being CRR 3825 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the proceeding being M. Execution No.542 of 2025 and to make his best effort to conclude the entire proceeding preferably within a period of 3(three) months 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. )