Pranakrushna Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 11795 OF 2022 Pranakrushna Behera ....

Petitioner Ms. S. Behera, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

25.08.2022 4.

1.

This matter is taken up through hybrid mode.

2.

This writ petition has been filed for a direction to learned Judges in-charge, Record Room, Jagatsinghpur and Cuttack to provide the case record of T.S. No.120 of 1994 for disposal of C.S. No.332 of 2017 pending before learned Senior Civil Judge (LR & LTV), Jagatsinghpur.

3.

It is submitted by Ms. Behera, learned counsel for the Petitioner that learned Senior Civil Judge (LR & LTV), Jagatsinghpur vide his order dated 7th September, 2020 directed to issue letter to the District Record Room to call for the record in T.S. No.120 of 1994. That having not been complied with, this writ petition has been filed.

4.

Taking into consideration the submission made by learned counsel for the parties, this Court vide order dated 28th July, 2022 called for a report from learned District Judge, Jagatsinghpur to appraise the Court about the availability of the record in T.S. No.120 of 1994. Pursuant to the said direction, learned District Judge, Jagatsinghpur vide his Letter No.37 dated 17th August, 2022 reported that the case record of T.S. No.120 of 1994 has already been submitted to the Court of learned Senior

// 2 // Civil Judge (LR & LTV), Jagatsinghpur for reference in C.S. No.332 of 2017.

5.

In view of the above, nothing remains to be adjudicated in this writ petition.

6.

Accordingly, this writ petition is disposed of with an observation that learned trial Court shall do well to adjudicate the suit at an early date and return the case record to the concerned Record Room.

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

(K.R. Mohapatra) Judge ms