Jagan Mallik @ Jagan Kumar Mallik v. Parikshita Mallick @ Paresh Ray

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO. 622 OF 2022 Jagan Mallick @ Jagan Kumar Mallick and others .....

Petitioner Mr.Banabihari Ray, Advocate -versusParikshita Mallick @ Paresh Ray and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

18.07.2022 2.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this CMP seek for a direction for early disposal of C.S. No.669 of 2013 pending before learned Civil Judge (Junior Division), Kendrapada.

3.

Mr. Ray, learned counsel for the Petitioner submits that the Petitioners as Plaintiffs have filed the aforesaid suit for permanent injunction. The Defendants have appeared and filed their written statement. The suit was posted for adducing evidence from the side of the Defendants, but the suit could not proceed because of frequent adjournment taking by the Defendants for which the Petitioners are seriously prejudiced. He further submits that evidence from the side of the Plaintiffs has already been closed and the suit is being adjourned to different dates for adducing on behalf of the Defendants. He also submits that there is no legal impediment for early disposal of the suit. Hence, this CMP has been filed for the aforesaid relief.

// 2 // 4.

Upon hearing learned counsel for the Petitioner and on perusal of the order sheet of C.S. No.669 of 2013, this Court is not in a position to know about the present status of the suit. Hence, no prayer for early disposal of the suit at this stage can be entertained.

5.

This CMP is, therefore, disposed of with an observation that parties shall cooperate with learned trial Court for early disposal of the suit. Learned trial Court shall also make an endeavour for early disposal of C.S. No.669 of 2013 keeping in mind that the suit was filed in the year, 2013, if there is no legal impediment.

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

(K.R. Mohapatra) Judge bks