Sabati Pradhan v. Rajkumar Pradhan @ Badhei

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 682 OF 2022 Mst. Sabati Padhan ....

Petitioner Mr. Rabindranath Prusty, Advocate -versusRajkumar Padhan @ Badhei and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

25.08.2022 01.

1.

This matter is taken up through hybrid mode.

2.

This CMP has been filed seeking for a direction for early disposal of C.S. No.316 OF 2016 pending in the Court of learned Civil Judge (Senior Division), Jharsuguda. 3.

Although a prayer for adjournment of the CMP is sought for, this Court taking into consideration the nature of prayer made in the CMP and on perusal of the averments made therein, is of the considered opinion that no ground is made out for a direction for early disposal of the aforesaid suit. It is also not clear as to whether the suit is ready for hearing and there is any legal impediment for early disposal of the suit or not. 4.

In view of the above, this Court is of the considered opinion that the prayer sought for in the CMP cannot be granted at this stage.

5.

It is, however, observed that the Petitioner-Defendant No.5 is at liberty to move learned trial Court for early disposal of the suit by filing appropriate application stating the grounds therein, when the suit becomes ready for hearing. In that event,

// 2 // learned trial Court may consider the said petition in accordance with law and proceed with the matter accordingly. 6.

Accordingly, the CMP is disposed of.

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

(K.R. Mohapatra) ms Judge