Bichitrananda Behera v. Rama Behera

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO. 914 OF 2022 Bichitrananda Behera ....

Petitioner Mr. S.S. Bhuyan, Advocate -versusRama Behera and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

26.09.2022

1. 1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP prays for a direction for early disposal of C.S. No. 181 of 2017 pending before learned Civil Judge (Junior Division), Salipur.

3.

Mr. Bhuyan, learned counsel for the Petitioner submits that the Plaintiff is the Petitioner in this CMP. Written statement has already been filed in the suit. There is also no legal impediment for early disposal of the suit. The suit has been filed for partition. Hence, he prays for a direction to dispose of the suit at an early date to resolve the dispute between the parties. 4.

Since up-to-date order sheet of the suit has not been filed, this Court is not in a position to ascertain the up-to-date stage of the suit. Hence, it will not be proper to entertain the prayer of learned counsel for the Petitioner at this stage. 5.

However, the CMP is disposed of with an observation that in the event the Petitioner files an application for early disposal of the suit before learned trial court stating the grounds

// 2 // therein, he shall consider the same if the suit becomes ready for hearing and proceed with the matter accordingly. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judges