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Orissa High CourtCMP/772/2021disposed off

Metro Residency Owners Welfare Society v. Sadaya Laxmi Patnaik

2022-01-04Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.772 of 2021 Metro Residency Owner's Welfare Society .....

Petitioner Mr.R.Roy, Advocate - VersusSadaya Laxmi Patnaik & Anr.

.....

Opposite parties Mrs.S.L.Patnaik, Advocate

CORAM:

JUSTICE BISWANATH RATH

ORDER

04.01.2022 Order No.

1.

Heard Mr.Roy, learned counsel for the petitioner. 2.

Considering the limited request involved herein inasmuch as Defendant No.1 seeking targeting of the suit, this Court recording the submission of learned counsel for the Defendant No.1 that pleading involving the suit of the year 2016 since over, this Court targets the suit i.e. C.S.No.1835 of 2016 and directs the Second Additional Civil Judge (Senior Division), Bhubaneswar to dispose of the aforesaid suit at least within a period of nine months from the date of production of certified copy of this order by the petitioner. This Court here also records the submission of learned counsel for the petitioner that the matter is unnecessarily lingering for non- appearance of the Defendant no.2 and there is also delay in filing of requisites on such parties. This Court observes in the event notice on Defendant no.2 is not made sufficient, notice on Defendant No.2 be served by Special Massager but at the cost of the plaintiff and the Defendant no.2 be directed to file written statement at least within a period of two weeks from the date of its appearance, so fixed. There should not be

any liberal adjournment sought by either of the parties. 3.

With this observation, the CMP stands disposed of. Sks (BISWANATH RATH) JUDGE