Sabitri Panda And Others vs Bhagaban Swain And Others
2021 Latest Caselaw 11384 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CMP No.487 OF 2021
                 Sabitri Panda and others             ....      Petitioners
                                             Mr. Satrughna Das, Advocate
                                        -versus-
                 Bhagaban Swain and others            .... Opp. Parties

                      CORAM:
                      JUSTICE K.R. MOHAPATRA
                                      ORDER

       .                             08.11.2021
Order No                          I.A. No.573 of 2021
 02.       1.       This matter is taken up through hybrid mode.

2. This is an application for amendment of the CMP.

3. Taking into consideration the submission of, leaned counsel for the Petitioner and averments made in this application, prayer for amendment is allowed. Consolidated CMP filed shall be appropriately placed in the brief.

4. The I.A. is disposed of accordingly.

(K.R. Mohapatra) Judge CMP No.487 of 2021

03. 1. This CMP has been filed for early disposal of final decree proceeding in C.S. No.114 of 1998 pending before learned Civil Judge (Senior Division) 2nd Court, Cuttack.

2. Mr.Das, learned counsel for the Petitioner submits that assailing the judgment and decree passed in C.S. No.114 of 1998, RFA No.82 of 2017 is pending for adjudication before learned District Judge, Cuttack. Although initially interim order was passed in the said appeal staying further proceeding of the

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final decree, but the same has not been extended in view of the ratio in Asian Resurfacing Of Road Agency -Vrs.-Central Bureau Of Investigation, reported in (2018) 16 SCC 299. Hence, there is no legal impediment in disposing of the final decree proceeding at an early date.

3. Taking into consideration the submissions made by learned counsel for the Petitioners, it appears that RFA No.82 of 2017 is pending assailing the judgment and decree in C.S. No.114 of 1998 and interim order was granted. In absence of up-to-date order sheet of the appeal, it is not clear as to whether the interim order passed in the said first appeal is still continuing or not. In that view of the matter, this Court is not in a position to direct for early disposal of final decree proceeding in C.S. No.114 of 1998.

4. However, this CMP is disposed of with a direction that in the event the Petitioners file an application for early disposal of final decree proceeding in C.S. No.114 of 1998 pending before learned Civil Judge (Senior Division) 2nd Court, Cuttack stating the grounds therein within a period of two weeks hence, he shall do well to consider the same giving opportunity of hearing to the parties concerned and if it is found that there is no legal impediment for early disposal of the final decree proceeding in C.S. No.114 of 1998 stated to be pending before him an endeavour shall be made for early disposal of the same in accordance with law.

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

jm                                            (K.R. Mohapatra)
                                                   Judge