Surendra Roul v. Collector, Balasore

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 908 OF 2022 Surendra Raul ....

Petitioner Mr. Pravash Chandra Jena, Advocate -versusCollector, Balasore and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

10.10.2022 2.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP seeks for a direction for early disposal of C.S. No.1141/1310 of 2020(I) pending before learned Civil Judge (Senior Division), Balasore. 3.

Mr. Jena, learned counsel for the Petitioner submits that although the Defendants have already entered appearance but, they have not yet filed their written statement and taking adjournments liberally. Due to pendency of the suit, the Plaintiff-Petitioner, who is the rightful owner, is deprived of enjoying the suit property independently and repairing the house. Hence, he submits that interest of justice will be best served, if the suit is disposed of at an early date. 4.

Upon hearing learned counsel for the Petitioner and on perusal of the case record, this Court is not clear about the stage, at which the suit is pending. Hence, it will not be proper to issue a direction for early disposal of the suit.

// 2 // 5.

The CMP is, therefore, disposed of with an observation that after the suit becomes ready for hearing, the PlaintiffPetitioner may file an application for early disposal of the suit stating the grounds therein and in that event, learned trial Court may consider the same and proceed with the suit accordingly. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms