Vikash Kumar Saha v. Dindayal Saha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.13 of 2022 Vikash Kumar Saha and another ....

Petitioners Mr.Sidhartha Ray, Advocate -versusDindayal Saha and others ....

Opposite Parties

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

18.01.2022 01.

1.

This matter is taken up through Video Conferencing mode. Order No.

2.

It is submitted by Mr. Ray, learned counsel for the Petitioner that he has filed an application on 31.10.2019 under Annexure-5 for deputation of Civil Court Commissioner in the pending T.S. No.54 of 1980 before the learned Senior Civil Judge, Baripada. His only grievance in the petition is that the said application has not been taken up by the learned court below. It is further submitted that the matter may be disposed of with a direction to the court below to consider and dispose of his application filed on 31.10.2019 under Annexure-5.

3.

Considering the submissions made, this Court disposes of CMP application at the stage of admission with a direction to the learned Senior Civil Judge, Baripada to take up the application filed on 31.10.2019 under Annexure-5 and disposed of the same within a period of two months from the date of production of an authenticated copy of this order after providing opportunity of

// 2 // hearing to the defendants. It is made clear that this Court has not expressed any opinion on the merits of the case. 4.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(A.K. Mohapatra) Judge U.K.Sahoo