Dhirendra Kumar Maharana v. Narendra Kumar Maharana

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO. 987 OF 2022 Dhirendra Kumar Maharana ....

Petitioner Mr. Rajesh Kumar Mahapatra, Advocate -versusNarendra Kumar Maharana ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

16.11.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP seeks to assail the common judgment dated 12th July, 2022 (Annexure-7) passed in FAO No.05 of 2018 and FAO No.06 of 2018, whereby learned Additional District Judge, Angul allowed FAO No.05 of 2018 filed by the Opposite Party and dismissed FAO NO.06 of 2018 filed by the Petitioner by setting aside the order dated 10th September, 2018 passed by learned Civil Judge (Senior Division), Angul in I.A. No.105 of 2018 (arising out of C.S. No.202 of 2018.

3.

In course of hearing, Mr. Mahapatra, learned counsel for the Petitioner submits that interest of justice will be best served, if the suit is disposed of at an early date. It is his submission that pleadings in the suit are complete and the suit is posted to 12th January, 2023 for evidence on behalf of the PlaintiffOpposite Party.

// 2 // 4.

Taking into consideration the innocuous nature of prayer made by learned counsel for the Petitioner, this Court without interfering with the impugned order disposes of this CMP with an observation that in the event the Petitioner files an application for early disposal of C.S. No.202 of 2018 after the suit becomes ready for hearing, learned Civil Judge (Senior Division), Angul shall do well to consider the same and make an endeavour for early disposal of C.S. No.202 of 2018. Parties are directed to cooperate with learned trial Court for early disposal of the suit.

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

(K.R. Mohapatra) Judge bks