Ashim Kumar Roy, J.
1. The opposite party No. 1 herein moved an application under Section 12 of the Protection of Women's from Domestic Violence Act against the petitioners seeking the following reliefs;
(a) Right to residence.
(b) Monetary relief and
(c) A sum of Rs. 2000/- as a share of profit from the business of the petitioners.
2. However, such application of the opposite party was partly succeeded. The Learned Trial Court only allowed her prayer as regards to the right of residence. Against such order she filed an appeal under Section 29 of Protection of Women's from Domestic Violence Act before the Learned District & Sessions Judge, Howrah. Since there was a delay of 89 days, she filed such appeal along with an application for condonation of delay. It appears the Learned Judge without giving any notice to the present petitioners allowed the application for condonation of delay and only on the ground that the Learned A.P.P. did not oppose the prayer for condonation of delay. Hence this criminal revision.
3. Heard Mr. Anjan Banerjee, the Learned Counsel appearing for the petitioners as well as Mr. Somnath Roy Chowdhury, the Learned Counsel appearing for the opposite party No. 1. None appears on behalf of the State.
4. Having heard the Learned Counsel appearing on behalf of the parties and considering their respective submissions, I find that the order impugned cannot be sustained. In this case the approach of the Learned Judge was wholly erroneous and not in accordance with law. He should not have disposed of the application for condonation of delay without giving any reasonable opportunity of hearing to the present petitioners. Accordingly, the order impugned is set aside and the application stands allowed.
The Learned Judge is directed to dispose of the application for condonation of delay within two weeks from the date of communication of this order and after giving reasonable opportunity of hearing to the parties in accordance with law.
This criminal revision, thus, stands disposed of.
In view of the disposal of main criminal revisional application, an application for extension of interim order being CRAN No. 259 of 2010 has become infructuous and accordingly stands disposed of.
Criminal Section is directed to deliver urgent Photostat certified copy of this Judgment to the parties, if applied for, as early as possible.