Rajkunwar Nayak v. Baikuntha Nath Nayak

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO. 27 OF 2019 Rajkunwar Nayak and others ....

Petitioners Mr. L. Das, Advocate on behalf of Mr. Jajati Kishore Mohanty, Advocate -versusBaikuntha Nath Nayak ....

Opp. Party Mr. S.S.K. Nayak, Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

07.12.2022 4.

1.

This matter is taken up through hybrid mode.

2.

This CMP has been filed assailing the order dated 10th August, 2018 (Annexure-6) passed by learned Civil Judge (Junior Division), First Court, Cuttack, whereby an application filed by the Petitioners under Section 10 C.P.C. has been rejected.

3.

Mr. Das, learned counsel appearing on behalf of Mr. Mohanty, learned counsel for the Petitioners by filing a memo submits that he does not have any instruction in the matter. The same is taken on record.

4.

In view of the above, this writ petition is dismissed for non-prosecution.

5.

It is, however, directed that learned trial Court shall take appropriate steps for early disposal of the suit, if there is no other legal impediment.

// 2 // 6.

The interim order dated 16th January, 2019 passed in I.A. No. 32 of 2019 stands vacated.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge