Signed by: MADHUSMITA SAHOO v. Krutibas Sahoo & Ors.

Petitioner Mr. S.S.K. Nayak, Advocate …. -versus- Krutibas Sahoo and others …. Opp. Parties CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 28.08.2023

This matter is taken up through hybrid mode.

The Petitioner in this CMP seeks for a direction for early disposal of I.A. No.86 of 2023 (arising out of C.S No.117 of 2023) pending in the Court of learned Senior Civil Judge, Pattamundai.

It is submitted by Mr. Nayak, learned counsel for the Petitioner that although the Opposite Party Nos.1,2 and 5 entered appearance on 25th April, 2023 and notice on Opposite Party Nos.3 and 4 is sufficient, but they are managing to adjourn the matter to different dates. Vide order dated 14th August, 2023, Opposite Party Nos.1,2 and 5 filed their objection and Opposite Party Nos.3 and 4 were set ex parte. The matter was then adjourned to 28th August, 2023, i.e., today. But the contesting Opposite Parties have taken adjournment in the matter. Since the petition has been filed under Order XXXIX Rules 1 and 2 CPC and involves urgency, it should be disposed of at the earliest. The Opposite Party Nos.1,2 and 5 have also filed their objection. Thus, there is no legal impediment on the part of learned trial Court to hear and dispose of the matter on 14th Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2023 19:51:15 // 2 // August, 2023 to which date it was posted or on the adjourned date i.e on 28th August, 2023 (today). He, therefore, prays for a direction for early disposal of the I.A.

Considering the submission made by learned counsel for the Petitioner, this Court without expressing any opinion on the merits of the case of the Petitioner in the petition under Order XXXIX Rules 1 and 2 CPC, disposes of the CMP with a direction that learned trial Court should make all endeavour to see that the I.A. is disposed of on the next date or if for any reason, it could not be disposed of on the next date, the same shall be heard and disposed of within a period of seven days thereafter and not beyond that, if there is no legal impediment. Parties are directed to cooperate with learned trial Court for early disposal of the I.A.

With the aforesaid observation and direction, the CMP is disposed of. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge