Biranchi Narayan Sathua v. Kalpana Sathua

IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.281 of 2022 Biranchi Narayan Sathua & Ors.

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Petitioner(s) Mr. A. Tripathy, Advocate -versusKalpana Sathua & Ors.

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Opposite Party(s)

CORAM:

JUSTICE BISWANATH RATH

ORDER

12.04.2022 Order No.

01.

1.

It is alleged by the learned counsel for Petitioners that in spite of completion of pleadings, neither there is attempt for framing the issues nor there is attempt for finality of the proceeding. The defendants also express to be facing a lot of difficulties for the pendency of the suit.

2.

Considering the prayer made herein, this Court finds surprise that in spite of passing of five years in the meantime, issues have not been framed as yet. Keeping the allegation of the defendants in view and as there is clear disclosures that there is already filing of the written statement, this Court in a way to dispose of the suit, observes, provided there is no stay involving the suit by the higher forum and issues have not been framed as yet, the trial court shall ask the parties to file draft issues within a period of one week from

// 2 // the next date of posting of this matter and consequent upon finalization of the issues the trial involving such suit may commence and attempt may also be made to complete the proceeding within a period of nine months thereafter.

3.

With the aforesaid observation and direction the C.M.P. stands disposed of.

(Biswanath Rath) Judge Ayaskanta Jena