Ganesh Pr.Saha v. Radheshyam Saha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 7211 of 2012 Ganesh Prasad Saha ....

Petitioner Mr. Upendra Kumar Samal, Advocate -versusRadheshyam Saha and others ....

Opp. Parties Mr. Ajodhya Ranjan Dash, Additional Government Advocate (For Opposite Party Nos.15 and 16) Mr.Supratik Acharya, Advocate on behalf of Mr. Goutam Mukherji, Senior Advocate (For Opposite Party Nos.1 to 5, 7 & 8)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

01.11.2022 5.

1.

This matter is taken up through hybrid mode.

2.

Petitioner in this writ petition seeks to assail the order dated 2nd March, 2012 (Annexure-3) passed by learned District Judge, Sundargarh in FAO No.10 of 2012, whereby it stayed the execution of order dated 22nd February, 2012 passed by learned Civil Judge (Senior Division), Sundargarh in CMA No.1 of 2011 till disposal of the appeal.

3.

In course of hearing, Mr. Samal, learned counsel for the Petitioner fairly concedes that the appeal is posted to 5th November, 2022 for hearing. Hence, no fruitful purpose will be served if the writ petition is pursued on merit. 4.

In view of the above, the writ petition is disposed of with an observation that learned District Judge, Sundargarh shall do well to dispose of FAO No.10 of 2012 either on the

// 2 // date fixed and if it is not possible to dispose of the appeal on the said date, the same shall be disposed of as early as possible, preferably within a period of fifteen days therefrom giving opportunity to the parties concerned.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy