3 05.02.2021 Due To Outbreak Of ... vs This Cmp Has Been Filed For A ...
2021 Latest Caselaw 1495 Ori

                        CMP NO. 19 OF 2021




03   05.02.2021      Due to outbreak of COVID-19, this matter is
              taken up through Video Conferencing.
                     Heard Mr. Amitav Das, learned counsel for the
              petitioner.
                     This CMP has been filed for a direction for early
              disposal of RFA No.78 of 2019 stated to be pending
              before learned District Judge, Mayurbhanj, Baripada.
                      It is submitted by Mr. Das, learned counsel for
              the petitioner that the opposite party No.1, namely,
              Kulamani Sahu has filed the aforesaid RFA assailing
              the judgment dated 13.11.2019 passed by learned
              Civil Judge (Senior Division), Udala in C.S. No. 115 of
              2014. Although the matter is pending for more than
              one   year,   learned   District    Judge,   Mayurbhanj,
              Baripada is not taking any step for early disposal of
              the same. It is his submission that the petitioner is a
              widow of 76 years old and at present, she is admitted
              to hospital due to her illness. Unless the matter is
              heard early, she will be highly prejudiced. Hence, he
              prays for early disposal of the aforesaid RFA.
                      Upon hearing leaned counsel for the petitioner
              and on perusal of the order sheet of the RFA annexed
              to the CMP as at Annexure-3, it appears that the
              respondent nos. 2 and 3 have not yet entered
              appearance.    However,    learned     counsel   for   the
              petitioner submits that the respondent nos. 2 and 3
              are not contesting parties.        Be that as it may, it
                                  2
      appears that the parties to the appeal are not
      cooperating with learned District Judge, Mayurbhanj,
      Baripada for early disposal of the appeal. Hence, this
      CMP is disposed of with a direction that in the event
      the petitioner files an application before learned
      District    Judge,   Mayurbhanj,        Baripada          for   early
      disposal of the appeal (RFA No.78 of 2019) stating the
      grounds therein within a period of two weeks, he shall
      do well to consider the same and make an endeavour
      for early disposal of the same subject to the condition
      that the matter is ready for hearing and there is no
      legal impediment for early disposal of the same.
                 Authenticated copy of this order downloaded
      from the website of this Court shall be treated at par
      with certified copy in the manner prescribed in this
      Court's Notice No.4587 dated 25.03.2020.


                                .................................
                                  K.R. Mohapatra, J.

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