Narayan @ Satya Narayan Singh Deo @ Satyanarayan Singh v. Lila Singh Deo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 999 OF 2022 Narayan @ Satya Narayan Singh Deo @ Satyanarayan Singh ....
Petitioner Mr. Akshaya Kumar Sahoo, Advocate -versusLila Singh Deo and another ....
Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
21.11.2022 01.
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. 240 of 2015 pending in the Court of learned Civil Judge (Senior Division), Nuapada. 3.
Mr. Sahoo, learned counsel submits that the Petitioner is the Defendant No.2 in the suit. Although the issues have been settled since, 2015, the Plaintiff for some reason or other, is avoiding to lead evidence in the matter for which the suit is lingering. Due to long pendency of the suit, the Defendant No.2, who is a senior citizen of seventy-two years, is suffering a lot. On every occasion, he has to go to the Court with much difficulty. He, however, submits that there is no legal impediment for early disposal of the suit. Hence, he prays for early disposal of C.S. No.240 of 2015.
4.
Taking into consideration the submission made by learned counsel for the Petitioner and on perusal of the order sheet, this Court is not clear about the stage of the suit. It is, however, submitted by learned counsel for the Petitioner that
// 2 // the suit is ready for hearing and the Plaintiff has to lead evidence in the matter.
5.
In view of the above, this Court disposes of the CMP with a direction to learned trial Court to proceed with the suit without granting unnecessary/long adjournments, if there is no legal impediment. The Petitioner, if so advised, may file an application for early disposal of the suit stating the reasons therein, when it becomes ready for hearing and in that event, learned trial Court may consider such application at an early date and proceed with the matter in accordance with law. 6.
With the aforesaid observation, this CMP is disposed of. Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) ms Judge