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Saikat Dutta vs Smt. Priyanka Bose on 27 April, 2017

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IN THE HIGH COURT AT CALCUTTA
27-04-2017 Civil Revisional Jurisdiction
Subrata
. C.O.No.2733 of 2016
Saikat Dutta

-vs-

Smt. Priyanka Bose

None …for the petitioner

None …for the opposite party

None appears to press the application as well as to
oppose it. Pursuant to last order dated September 13,
2016 no compliance is submitted. However, the case is
taken up for consideration and disposal on merit after
perusing the materials on record, including the impugned
order and the application.

The revisional application under Article 227 of the
Constitution of India has been directed assailing Order
No.48 dated June 28, 2016 passed by Additional District
Judge, 7th Court at Alipore rejecting the petition dated
January 13, 2016 filed by the petitioner under section 151
CPC proposing to recall an order dated March 27, 2014
and for revoking the direction for production of minor
children in court on every first and third Saturdays under
the Guardians and Wards Act vide Act VIII, Case No.14 of
2013.

It appears from the order impugned that learned
trial Judge hearing meticulously both sides and also the
minor child and going through Order No.18 dated March
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27, 2014 passed by the predecessor of learned trial Judge
observed that no changed circumstances were narrated by
the petitioner which would necessitate the learned trial
Judge even to think of to recall the March 27 order.
Rather learned trial Judge observed “for keeping the
conduct in between the minor child and his biological
mother such visitation requires to be continued.”
Therefore, on exercising discretion while learned trial court
decided not to recall the earlier order dated March 27,
2014 and fixed the case with direction to both sides to
come ready for hearing of the main matter, this court does
not find any merit in the revisional application for making
interference in the impugned order.

Hence upholding the impugned Order No.48 dated
June 28, 2016 passed by the learned trial court the
revisional application stands dismissed without any order
as to costs.

The department is directed to communicate a copy
of this order to learned trial court forthwith for
information.

Certified photostat copy of this order, if applied for,
shall be given to the parties.

(Mir Dara Sheko, J)
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