Alhadini Pani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 940 OF 2022 Alhadini Pani ....

Petitioner Mr. Diptendu Sundar Ray, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Ajodhya Ranjan Dash, Additional Government Advocate (For Opp. Party Nos.1 and 2)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

13.10.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP seeks for a direction to learned Civil Judge (Junior Division), Balasore for early disposal of C.S. No.14 of 2011-I.

3.

Mr. Ray, learned counsel submits that the Defendant No.3 in the suit is the Petitioner in this CMP. The suit has been filed by the Opposite Party Nos.3 to 5 to release retiral as well as pensionary benefits of one Upendra Nath Pani in their favour. Defendant No.3 has entered appearance and has filed the written statement. Since the suit is pending, the Petitioner is deprived of getting the legitimate dues of her husband, namely, Upendra Nath Pani. As such, learned counsel for the Petitioner prays for early disposal of the suit.

4.

It is submitted by Mr. Ray, learned counsel for the Petitioner that although the Defendants have already entered

// 2 // appearance, but some of the Defendants have not yet filed their written statement.

5.

In that view of the matter, this Court is not in a position to direct for early disposal of suit at this stage. However, keeping in mind that the suit is of the year, 2011, learned trial Court shall make an endeavour for early disposal of the suit in accordance with law, if there is no legal impediment. 6.

Parties are directed to cooperate with learned trial Court for early disposal of the suit. If any of the parties to the suit does not cooperate for early disposal of the suit, learned trial Court is at liberty to take coercive measure against him/her in accordance with law.

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

(K.R. Mohapatra) Judge ms