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11.12.2023
Sl. No.258(DL)
srm

C.O. No. 2124 of 2023

Sri Subrata Roy Karmakar

Versus

Smt. Shyamali Karmakar

Mr. Arijit Sarkar,
Ms. Prajaaini Das
…for the Petitioner.

The petitioner prays for expeditious disposal of

Matrimonial Suit No.62 of 2015, which is pending before the

learned Additional District Judge, 3rd Court at Barrackpore,

North 24-Parganas.

The petitioner contends that the suit was decreed ex

parte. The wife filed an application under Order IX Rule 13 of

the Code of Civil Procedure. The ex parte decree was set aside.

The husband is continuously paying the maintenance, as

directed by the learned court below.

It is submitted that no interlocutory application is

pending. The suit is at the stage of recording evidence of the

opposite party.

Considering the submissions, this Court is of the view

that the prayer of the petitioner for early disposal of the suit, is

innocuous. Neither party stands to lose if a proceeding is
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disposed of expeditiously. In fact, such expeditious disposal

shall enure to the benefit of the parties. Hence, there is no

requirement for service of prior notice upon the opposite

party.

Under such circumstances, the revisional application is

disposed of, with a direction upon the learned court below to

dispose of the suit within a period of six months from the next

date fixed, independently and strictly in accordance with law,

upon allowing the parties to contest the proceeding, provided

the maintenance pendente lite is being paid continuously by the

petitioner. Unnecessary adjournments shall not be granted to

any of the parties.

This Court has not gone into the merits of the suit.

A copy of the revisional application along with a server

copy of this order be served upon the opposite party within a

week.

The revisional application is, thus, disposed of.

There will be, however, no order as to costs.

Parties are to act on the basis of the server copy of this

order.

(Shampa Sarkar, J.)