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Orissa High CourtCMP/611/2021disposed off

Sarat Kumar Muduli v. Surendra Jena

2022-02-10Mr. Justice Biswanath Rath1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.611 of 2021 Sarat Kumar Muduli ....

Petitioner(s) Mr.S.J.Mohanty.

Advocate -versusSurendra Jena & Ors.

....

Opposite Party(s)

CORAM:

JUSTICE BISWANATH RATH

ORDER

10.02.2022 2.

1.

Heard learned counsel appearing for the petitioner. Order No.

2, This is a C.M.P. for targeting the C.S.No.134 of 2005. Petitioner alleges that taking advantage of the status quo order passed by this Court in F.A.O.No.93 of 2006, the plaintiff comes up with a plea that every date the case is posted but adjourned the matter. Considering such allegation, a report was called for from the 2nd Additional Civil Judge (Senior Division), Bhubaneswar. The report finds place at Flag 'X' discloses that the matter could not be taken up for the intervention of Bar Association praying accommodation and there is no impediment in continuing with the hearing of the matter. In this circumstances, this Court directs the trial court for concluding the trial proceeding in C.S.No.134 of 2005 at least within a period of nine months from the date of production of certified copy of this order by the petitioner. While petitioner is prevented from taking any adjournment, this Court also directs the plaintiff not to seek any unnecessary adjournment in the matter.

3.

The C.M.P. stands disposed of with the observation and direction made hereinabove.

(Biswanath Rath) Judge Sks