Jagabandhu Prusty v. Ramesh Chandra Prusty

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 1071 OF 2022 Jagabandhu Prusty ....

Petitioner Mr. Achyutananda Swain, Advocate -versusRamesh Chandra Prusty and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

22.11.2022 1.

1.

This matter is taken up through hybrid mode.

2.

This CMP has been filed seeking for a direction to learned 5th Additional Civil Judge (Senior Division), Cuttack to dispose of Civil Suit No. 23 of 2017 within a stipulated time, preferably within six months.

3.

In course of hearing, Mr. Swain, learned counsel for the Petitioner submits that the proceeding of the suit is lingering, as the Defendants have not filed their written statement. In view of pendency of the suit, the Plaintiff-Petitioner is seriously prejudiced. Hence this CMP has been filed for the aforesaid relief.

4.

Considering the submission of learned counsel for the Petitioner and on perusal of the record, it is apparent that the suit is not ready for hearing. Hence, this Court is not in position to issue a direction for early disposal of the suit at this stage. No ground is also made out by learned counsel for the Petitioner to issue a direction to dispose of the suit out of turn.

// 2 // 5.

In that view of the matter, the CMP being devoid any merit stands dismissed.

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

(K.R. Mohapatra) Judge Sangram Das