Upendra Behera v. Ramakanta Sethi

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 759 OF 2022 Upendra Behera and another ....

Petitioners Mr. Ajaya Kumar Jena, Advocate -versusRamakanta Sethi and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

30.08.2022 01.

1.

This matter is taken up through hybrid mode.

2.

This CMP has been filed seeking for a direction to learned Civil Judge (Senior Division), Balasore to dispose of I.A. No.44 of 2018 (arising out of C.S. No.325 of 2015) filed under Order XXXIX Rule 2(A) C.P.C. by the Petitioners. 3.

It is submitted by Mr. Jena, learned counsel for the Petitioner that during pendency of the suit, learned trial Court in I.A. No.208 of 2015 directed the parties to maintain status quo till appearance of Defendants-Opposite Parties. He further submits that said application filed under Order XXXIX Rules 1 and 2 C.P.C. is still pending for consideration. As the Opposite Parties disobeyed the ad interim order of status quo, a petition under Order XXXIX Rule 2(A) C.P.C. was filed in I.A. No.44 of 2018. He, therefore, prays for a direction for early disposal of I.A. No.44 of 2018.

4.

There is no sufficient material on record to test the veracity of the submission made by learned counsel for the Petitioner. It is, however, submitted that both the interim applications under Order XXXIX Rules 1 and 2 C.P.C. and

// 2 // Order XXXIX Rule 2(A) C.P.C. are pending for consideration. If that be so, learned trial Court shall make an endeavour for early disposal of the same in accordance with law, if there is no legal impediment.

5.

With the aforesaid observation, the CMP is disposed of. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms