Raj Kumar Mishra v. Hrudananda Behera

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 1008 OF 2022 Raj Kumar Mishra ....

Petitioner Mr. P.C. Dash, Advocate -versusHrudananda Behera and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

22.11.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The CMP has been filed for a direction to learned 2nd Additional Civil Judge (Senior Division), Cuttack for early disposal of Civil Suit No.346 of 2018.

3.

Mr. Dash, learned counsel for the Petitioner submits that C.S. No.346 of 2018 has been filed for a declaration that irrevocable general Power of Attorney dated 28th April, 2012 and sale deed dated 21st August, 2012 as null and void and also for a decree of permanent injunction. The Defendants have already entered appearance and filed their written statement. Since the suit land has been purchased by the Defendants by virtue of a Registered Sale Deed and they are in possession over the same, the Plaintiff-Petitioner is seriously prejudiced due to pendency of the suit. Hence, he prays for early disposal of the suit.

4.

Taking into consideration the submission made by learned counsel for the Petitioner and on perusal of the record, this Court finds that the grounds stated are not sufficient to issue

// 2 // a direction for out of turn disposal of the suit. Order sheet of civil suit is also not annexed to the CMP to ascertain the stage of the suit. In that view of the matter, no direction can be issued to learned trial Court for early disposal of the suit. 5.

Accordingly, this CMP being devoid of any merit stands dismissed.

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

(K.R. Mohapatra) Judge ms