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Orissa High CourtCMP/578/2022disposed off

Jagabandhu @ Jagu Sahoo v. Sabitri Sahoo

2022-08-02Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO. 578 OF 2022 Jagabandhu @ Jagu Sahoo .....

Petitioner Mr. Dolagobinda Mohapatra, Advocate -versusSabitri Sahoo and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

02.08.2022 1.

1.

This matter is taken up through hybrid mode.

2.

This CMP has been filed for a direction to the learned Civil Judge (Senior Division), Jagatsinghpur for expeditious disposal of I.A. No. 155 of 2021 (arising out of C.S. No.248 of 2021) filed under Order XXXIX Rules 1 and 2 C.P.C. 3.

Mr. Mohapatra, learned counsel submits that the Petitioner has been arrayed as Opposite Party in I.A. No. 155 of 2021 filed under Order XXXIX Rules 1 and 2 C.P.C. As the Plaintiffs have obtained an ad-interim order of injunction, they are not cooperating with the learned trial Court for early disposal of I.A. No. 155 of 2021. Hence, the Petitioner is seriously prejudiced. Thus, the Petitioner finding no other alternative has filed this CMP seeking for the aforesaid direction. 4.

Taking into consideration the innocuous nature of prayer made in this CMP and keeping in mind that a petition under Order XXXIX Rules 1 and 2 C.P.C. is filed, this Court disposes of this CMP with a direction that on production of certified copy of this order, learned Civil Judge (Senior Division), Jagatsinghpur shall do well to dispose of I.A. No.155 of 2021 in

// 2 // accordance with law within a period of one month therefrom, giving opportunity of hearing to the parties concerned. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge