Gudia Sahu v. Ajay Kumar Nanda

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER

05.05.2026

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein.

The plaintiff in C.S. No.98 of 2023 pending before the learned Senior Civil Judge, Sundargarh has approached this Court by filing the present application under Article 227 of the Constitution of India, thereby praying for a direction to the learned trial court to expedite the hearing of the CMA No.1 of 2024 arising out of the abovenoted suit.

Learned counsel for the Plaintiff-Petitioner at the outset contended that the plaintiff happens to be a divorced daughter of the original recorded owner of the suit scheduled land. The suit has been filed at the instance of the plaintiff with a prayer for partition and consequential reliefs. He further contended that in Page 1 of 3. the meantime the plaintiff-Petitioner has been divorced by his husband and that he has no means to sustain herself. Accordingly, the plaintiff who is admittedly having a right over the ancestral property to the extent of one-fourth has approached the learned trial court by filing CMA No.1 of 2024 to grant her some money in the shape of interim maintenance, from the joint family property, so that the plaintiff can sustain herself till disposal of the suit. He further contended that the plaintiff has a dependent child who is being looked after by the plaintiff herself as the father of the child is unable to maintain the child and he is not contributing financially. In the aforesaid factual backdrop, the plaintiff approached the learned trial court by filing the CMA No.1 of 2024, in the year 2024. He further contended that in the pending CMA application the plaintiff has already led her evidence and the matter has been posted for the evidence to be adduced from the defendant’s side. Learned counsel for the Petitioner at this juncture contended that although more than one year’s time has elapsed in the meantime, however, no final order has been passed on such CMA. In the aforesaid factual backdrop, learned counsel for the Petitioner contended that the learned trial court be directed to dispose of the aforesaid CMA as expeditiously as possible.

Considering the submissions made by the learned counsel for the Petitioner, further on a carefully examination of the factual background of the present case and upon a close scrutiny of the documents annexed to the CMP application, this Court is of the view that the CMP application can be disposed of at the Page 2 of 3. stage of admission by directing the learned trial court to expedite the hearing of the CMA application No.1 of 2024. Accordingly, the learned Senior Civil Judge, Sundargarh is directed to expedite the hearing of the CMA No.1 of 2024 to make every endeavour to dispose of the same within a period of eight weeks from the date of communication of a copy of today’s order. Parties are directed to cooperate with the learned trial court for early disposal of the abovenoted CMA application. Further, taking into consideration, the distressed financial condition of the plaintiff, this Court directs that the learned trial court, subject to its convenience and keeping in view the pendency of the year- old matters, shall make every endeavour to dispose of the suit as expeditiously as possible, preferably within a period of one year from the date of communication of a copy of today’s order.

With the aforesaid observations and directions, the CMP stands disposed of. Rubi (A.K. Mohapatra) Judge Page 3 of 3. Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 08-May-2026 11:03:47