DISTRICT: HOOGHLY

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION

C..A.N.

of 2015

C.O. 3207 of 2015

In the matter of:
An application praying for extension
of the interim order dated September
1, 2015 as passed by Honble Justice
Ashis Kumar Chakraborty in C.O.
3207 of 2015 whereby His Lordship
was inter alia pleased to pass an
order

of

stay

of

proceeding

in

Matrimonial Suit No. 56 of 2015 as

pending
Additional

before

the

District

Learned
Judge,

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Arambagh, Hooghly till September
30, 2015;
-AndIn the Matter of:
Smt.

Papiya

Bandyopadhyay

(Chakraborty), Wife of Sri Prabhat

Kumar Bandyopadhyay, daughter of
late

Ajit

presently

Baran

Chakraborty,

residing

at

Dhalua

Nabapalli, Post Office- Panchpota,

Police Station- Sonarpur, Kolkata
700152;
Applicant/Petitioner

- Versus

Sri Prabhat Kumar Bandyopadhyay,

Son

of

Sri

Anil

Kumar

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Bandyopadhyay, residing at Azad
Palli, Ward No. 13, Arambagh, Post
Office and Police Station- Arambagh,
District- Hooghly, PIN 7

Opposite Party
To
The Hon'ble Mrs. Manjula Chellur, Chief Justice and Her
Companion Justices of the said Hon'ble Court

The humble petition on behalf of

the

Applicant

Petitioner

abovenamed most respectfully

Sheweth

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1.

Your Petitioner has filed the instant Revisional application

under section 24 of the Code of Civil Procedure praying inter
alia, for transfer the Matrimonial Suit being No. 56 of 2015,
pending before the Learned Additional District Judge at
Arambagh, District- Hooghly to any competent court having
jurisdiction at Alipore Court and issue a Rule calling upon
the Opposite Party to show-cause as to why the order prayed
for herein should not be allowed and upon hearing the cause
that may be shown or if no cause is shown to make the Rule
absolute.

2.

The aforesaid Revisional application came to be taken up

for hearing by the Honble Justice Ashis Kumar Chakraborty
on September 1, 2015 and vide order dated September 1,
2015, His Lordship was pleased to inter alia pass the
following order:

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Having

considered

the

statements

made

in

this

application, I am satisfied that the petitioner has made out a

strong prima facie case for interim protection. Accordingly,
there shall be an order directing stay of all further
proceedings of the Matrimonial Suit No. 56 of 2015 [Prabhat
Kumar

Bandyopadhyay

vs.

Papiya

Bandyopadhyay

(Chakraborty)] till September 30, 2015.

The petitioner is directed to serve a copy of this application

upon the opposite party by speed post with A/D and to file
an affidavit of service on the next date fixed for hearing.

Let this application appear under the heading Contested

Application under Section 24 on September 24, 2015
A copy of the aforesaid order dated September 1, 2015 as
passed by the Honble Justice Ashis Kumar Chakraborty in
C.O. 3207 of 2015 as obtained from the official server of this

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Honble Court is annexed herewith and is marked as
Annexure A.

3.

Your Petitioner most respectfully states that the next date

fixed in the Learned Court below in connection with the
instant matrimonial proceeding is 30.09.2015.

4.

Your Petitioner most respectfully states that the aforesaid

interim order of stay is about to expire on the same date i.e.
on September 30, 2015 and it is thus for the interest of
justice, the interim order dated September 1, 2015 as passed
by the Honble Justice Ashis Kumar Chakraborty in C.O.
3207 of 2015 be extended till disposal of the instant
Revisional application.

5.

The instant application is made bona fide and for the

ends of justice.

In the circumstances it is most

respectfully

prayed

that

Your

Lordship may graciously be pleased

to extend the interim order dated
September 1, 2015 as passed by
the Honble Justice Ashis Kumar
Chakraborty in C.O. 3207 of 2015
and/or pass an interim order of
stay of the all further proceedings
arising out of and in connection
with the Matrimonial Suit No. 56 of
2015 pending before the Learned
Additional

District

Judge,

Arambagh, Hooghly, till disposal of

the

instant

application;

Civil

Revisional

And

Pass such other or further order or

orders as your Lordships may deem
fit and proper.

And for this act of kindness Your Petitioner as in duty bound shall
ever pray.

Affidavit
I, Smt. Papiya Bandyopadhyay (Chakraborty), wife of Sri Prabhat
Bandyopadhyay, by faith Hindu, by occupation Housewife, aged
about

years, residing at Dhalua Nabapalli, Post Office-

Panchpota, Police Station- Sonarpur, District- 24 Parganas

(South), Kolkata-700 152, do hereby solemnly affirm and say as
follows :1.

That I am the Petitioner abovenamed and as such I am

fully conversant with the facts & circumstance of this case out of
which this instant application has arisen and as such I am
competent to affirm this affidavit.

2.

That the statements made in paragraph Nos. 1 and 2

are derived from official records and those made in paragraphs 3
and 4 are true to my knowledge as derived from the Petitioner and
the rests are their humble submissions before this Hon'ble Court.

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Prepared in my office

The deponent is known to me

Advocate.

Clerk to Mr
Advocate

Solemnly affirmed before me

on this the

day of September, 2015

Commissioner

District Hooghly

In The High Court at Calcutta

Civil Revisional Jurisdiction
C.A.N.

of 2015

C.O. No. 3207 of 2015

In the matter of :
An application praying for extension of
the order dated September 1, 2015
passed by Honble Justice Ashis
Kumar Chakraborty in C.O. No. 3207
of 2015;
And
In the matter of:
Smt. Papiya Bandyopadhyay
(Chakraborty)

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... Applicant/Petitioner
- Versus
Sri Prabhat Kumar Bandyopadhyay
... Respondent/
Opposite Party

Application

Shuvanil Chakraborty
Advocate
Bar Association Room No. 16
High Court, Calcutta