Tribenu Naik v. Janmejay Naik

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 1030 of 2022 Tribenu Naik and others .....

Petitioners Mr.Prasanta Kumar Satapathy, Advocate -versusJanmejay Naik ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

29.11.2022 1.

1.

This matter is taken up through Hybrid mode.

2.

Petitioners in this CMP seek to assail the order dated 12th April, 2022 (Annexure-1) passed by learned Additional District Judge, Sundargarh in FAO No.8/13 of 2016-21, whereby the appeal was dismissed and order dated 31st January, 2016 passed by learned Senior Civil Judge, Sundargarh in IA No.65 of 2013 (arising out of CS No.212 of 2013) has been confirmed. 3.

Mr. Satapathy, learned counsel submits that the Defendants/Appellants are the Petitioners in this CMP. By virtue of registered sale deed dated 2nd January, 1987 executed in favour of the Plaintiff/Opposite Party he is claiming right, title and interest over the suit land.

4.

In course of hearing, learned counsel for the Petitioner submits that as interim order for injunction is continuing for last seven years, interest of justice will be best served, if the suit is disposed of at an early date. It is his submission that the suit is

// 2 // otherwise ready for hearing and there is no legal impediment for early disposal of the same.

5.

In view of the above, this Court, without delving into merits of the contentions raised, disposes of the CMP with a direction that learned trial Court shall make an endeavour for early disposal of CS No.212 of 2013 giving opportunity of hearing to the parties concerned, if there is no legal impediment. Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy