Hemanta Kumar Mohanty v. Prahallad Sahoo

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.591 OF 2022 Hemanta Kumar Mohanty and others Petitioners Mr. J. Pattnaik, Advocate on behalf of Mr. Sukanta Kumar Patel, Advocate -versusPrahallad Sahoo and another ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

07.07.2022 01.

1.

This matter is taken up through hybrid mode.

2.

This CMP has been filed for a direction to learned Senior Civil Judge (L.R), Jagatsinghpur for early disposal of Civil Suit No.166 of 2020.

3.

Mr. Pattnaik, learned counsel for the Petitioners submits that Defendant Nos.1 to 4 in the suit are the Petitioners in this CMP. While disposing of F.A.O. No.12 of 2020 (Annexure-2), learned District Judge, Jagatsinghpur directed for early disposal of the suit. In spite of the same, the Plaintiff is not diligent in the matter. He has not complied with the direction of learned trial Court and is taking adjournment on different occasions for which the suit could not proceed. Due to the interim order operating against the Defendants, the Plaintiff is adopting different methods to delay the matter for which the Petitioners are seriously prejudiced. He, therefore, prays for the aforesaid direction.

// 2 // 4.

Upon hearing learned counsel for the Petitioner and on perusal of the order sheet of the civil suit annexed to the CMP as Annexure-3, it appears that the suit is not ready for hearing. Thus, no direction for early disposal of the suit can be issued at this stage.

5.

It is, however, directed that parties shall cooperate with the learned trial Court for early disposal of the suit and the Court is at liberty to take coercive action against the defaulting parties in accordance with law to see that the suit is disposed of at an early date.

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

(K.R. Mohapatra) Judge ms