Kanakalata Chaini v. Pramodini Pati @ Ratha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.581 of 2022 Kanakalata Chaini .....

Petitioner Mr.Manas Chand, Advocate -versusPramodini Pati @ Ratha ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

15.07.2022 2.

1.

This matter is taken up through Hybrid mode.

2.

This CMP has been filed for a direction to learned Civil Judge (Senior Division), Kendrapara for early disposal of CS No.49 of 2014 pending before him.

3.

Mr. Chand, learned counsel for the Petitioner submits that the suit has been filed by the Plaintiff/Opposite Party for declaration and permanent injunction. It is his submission that although trial has already commenced in the suit, but due to frequent prayer for adjournment by the Plaintiff, the same is being adjourned to different dates for which the Defendant/Petitioner is seriously prejudiced. There is no legal impediment for early disposal of the suit. Hence, he prays for the aforesaid relief.

4.

Taking into consideration the submission of learned counsel for the Petitioner/Defendant and on perusal of order sheets annexed to the CMP as Annexure-1, it appears that the suit is being adjourned from 12th November, 2021 to different dates on the prayer of the Plaintiff/Opposite Party. Thus, the allegation made by learned counsel for the Petitioner prima

// 2 // facie appears to be correct. It also reveals from the order sheets that the suit is ready for hearing.

5.

In view of the above, the CMP is disposed of with a direction that on production of certified copy of this order learned Civil Judge (Senior Division), Kendrapara shall make an endeavour for early disposal of the suit without granting unnecessary adjournments, if there is no legal impediment. Parties are directed to cooperate learned trial Court for early disposal of the suit.

Issue urgent certified copy of the order on proper application.

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