The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Jun-2025 19:47:52 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO.802 OF 2025 Suprava Jena and another …. Mr. Sourav Suman Bhuyan, Advocate Petitioners Esquare Iconic Flat Owners Welfare Trust, Bhubaneswar and another …. Opp. Parties -versus- CORAM:
Decision
JUSTICE K.R. MOHAPATRA ORDER 20.06.2025 Order No. 01. 1. This matter is taken up through hybrid mode. 2. Petitioners in this CMP seek for a direction for early disposal of CS No.1435 of 2018 pending in the Court of learned 2nd Additional Civil Judge, (Senior Division), Bhubaneswar. 3. Mr. Bhuyan, learned counsel for the Petitioners submits that although the suit is pending since 2018, but, the Plaintiff on some grounds or others, is not cooperating for early disposal of the suit. Thus, being aggrieved, the Petitioners, who are Defendant Nos.2 and 3, had moved this Court earlier in CMP No.1570 of 2023 with a prayer for early disposal of the suit. Considering the submission made by learned counsel for the Petitioners, the CMP was disposed of vide order dated 24th January, 2024 with a direction as under: “4. Considering the submission made by learned counsel for the Petitioner and on perusal of the record, it appears that the evidence in affidavit of one Sasikanta Panigrahi was filed on 9th February, 2023. Since then, the matter is being adjourned to different dates mostly on the prayer of learned counsel for the Plaintiff-Opposite Party No.1. Since the evidence in affidavit has already been filed, learned trial Court Page 1 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Jun-2025 19:47:52 should not grant liberal adjournment to the Plaintiff to examine such witness. 5. In view of the above, this Court disposes of the CMP with a direction that in the event the Defendant Nos.2 and 3-Petitioners file appropriate application for compelling the Plaintiff to examine the witness and proceed with the trial, the same shall be considered as expeditiously as possible preferably within a period of two weeks therefrom, giving opportunity of hearing to the parties concerned and learned trial Court shall proceed with the suit accordingly.” Accordingly, the Petitioners-Defendant Nos.2 and 3 filed an 4. application under Order XVII Rule 1(2) CPC to compel the P.W.1 to adduce evidence. The said application was allowed vide order dated 1st February, 2024. Examination of P.W.1 was completed on 13th February, 2024. On the said date, the Plaintiff filed an application under Order VI Rule 17 CPC for amendment of the plaint. However, cross examination of P.W.1 was completed on 10th April, 2024. The petition under Order VI Rule 17 CPC was allowed and the Plaintiff was directed to file the consolidated plaint. The Defendant Nos.2 and 3 have also filed their additional written statement to the consolidated plaint. But, surprisingly, the suit is being adjourned for removal of defects in the consolidated plaint. It is submitted that the suit is posted to 22nd July, 2025. It is further submitted by Mr. Bhuyan, learned counsel for the Petitioners that due to dilatory tactics by the Plaintiff and casual adjournment of the suit by learned trial Court, the Defendant Nos.2 and 3, who are the rightful owner of the property are highly prejudiced. He, therefore, submits that the situation compelled Defendant Nos.2 and 3 to move this Court again for early disposal of the suit either by Page 2 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Jun-2025 19:47:52 directing learned trial Court to take up the suit on day to day basis or by fixing a time limit for early disposal of the suit. 5. Considering the submission made by Mr. Bhuyan, learned counsel for the Petitioners and on perusal of the materials on record including the order sheet of the suit at Annexure-5, this Court feels that issuance of notice to the Plaintiff-Opposite Party will further delay the matter. In view of the order proposed to be passed, this Court proceeds with the matter dispensing with service of notice on the Plaintiff-Opposite Party. 6. Taking into consideration the submission made by Mr. Bhuyan, learned counsel for the Petitioners, this Court finds that CMP No.1570 of 2023 was disposed of on 24th January, 2024 directing that the Defendant Nos.2 and 3 (Petitioners herein), if file appropriate application for compelling the Plaintiff to examine the witnesses and proceed with the trial of the suit, the same should be considered as expeditiously as possible preferably within a period of two weeks therefrom. Although P.W.1 has already been examined in the suit as pointed out by Mr. Bhuyan, learned counsel for the Petitioners, but, it appears that learned trial Court is proceeding with the suit very casually. It also appears from the order sheet that for removal of defects in the consolidated plaint, the suit is being adjourned repeatedly. Thus, it is apparent that learned trial Court is not serious in proceeding with the trial of the suit even though it is heard in part. Although Mr. Bhuyan, learned counsel for the Petitioners submits that learned trial Court should proceed with the suit on day to day basis adopting the procedure provided under Order XVII Rule 1(2) CPC or to target the suit to be disposed of within a stipulated period, but, this Court being not sure Page 3 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Jun-2025 19:47:52 about the board of learned trial Court, does not feel it proper at this stage to pass such a direction. However, it is directed that learned trial Court should take appropriate steps to see that the hearing of the suit continues regularly without giving long and unnecessary adjournments. If the Plaintiff is not interested to remove the defects in the consolidated plaint, learned trial Court is at liberty to reject the same and proceed with the suit accordingly. 7. It is further observed that in a suit where the trial has already commenced learned trial Court shall ordinarily adhere to the procedure under Order XVII Rule 1(2) CPC. Thus, it is directed that in the event any application is filed in that regard, the same shall be considered at once and learned trial Court shall proceed with the suit accordingly. 8. Needless to say that learned trial Court may grant short adjournment in exceptional circumstances in the suit where the trial has already commenced and is expected to proceed with the suit following the provisions enumerated under Order XVII Rule 1(2) CPC. 9. With the aforesaid observations and directions, this CMP is disposed of. Urgent certified copy of this order be granted on proper application. Rojalin (K.R. Mohapatra) Judge Page 4 of 4