Lalit Kispatta@ Oram v. Mangri Ekka

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 583 OF 2022 Lalit Kispatta @ Oram and another ....

Petitioners Mr. Byomokesh Sahoo, Advocate -versusMangri Ekka and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

10.08.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this CMP seek to assail the order dated 31st March, 2022 (Annexure-5) passed by learned Additional District Judge, Sundargarh in F.A.O. No.19/3 of 2018-22, whereby he reversed the order dated 19th July, 2018 passed by learned Senior Civil Judge, Sundargarh in I.A. No.40 of 2018 (arising out of C.S. No.131 of 2018) granting an order of status quo in favour of the Plaintiffs-Petitioners. 3.

In course of hearing, Mr. Sahoo, learned counsel for the Petitioners submits that taking advantage of the impugned order under Annexure-5, the Opposite Parties are making construction without filing undertaking, as directed by learned appellate Court. He, however, submits that the Petitioners will take necessary steps in that regard by bringing it to the notice of learned trial Court. He further submits that interest of justice will be best served, if a direction is made to dispose of the suit at an early date. It is his submission that pleadings are complete in the suit and there is no legal impediment for early disposal of C.S. No.131 of 2018.

// 2 // 4.

Taking into consideration the submission made by learned counsel for the Petitioners, this CMP is disposed of with an observation that learned trial Court shall make an endeavour for early disposal of C.S. No.131 of 2018 in accordance with law, if there is no legal impediment. Parties are directed to cooperate with learned Senior Civil Judge, Sundargarh for early disposal of C.S. No.131 of 2018. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms