Citation : 2022 Latest Caselaw 7315 Ori
Judgement Date : 13 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP NO. 1133 OF 2022
Gour Surya Srikrishna and another .... Petitioners
Mr. Nityananda Behuria, Advocate
-versus-
Gour Narasingha Rao and others .... Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 13.12.2022 1. 1. This matter is taken up through hybrid mode.
2. This CMP has been filed seeking for a direction for early disposal of C.S. No.1661 of 2012 pending before learned 1st Additional Civil Judge (Senior Division), Bhubaneswar.
3. Mr. Behuria, learned counsel for the Petitioners submits that all the Defendants in the suit have already been set ex parte. Argument of the suit was closed on 4th April, 2018 and it was posted for judgment to 18th April, 2018. On 18th April, 2018, learned counsel for the Plaintiffs-Petitioners filed an application for further argument for which the matter stood adjourned to 9th July, 2018 for further argument. In the meantime, the Plaintiffs- Petitioners have already completed their arguments and filed their written notes of submission, but without delivering the judgment, learned trial Court is adjourning the matter for hearing of further argument. In that view of the matter, the
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Plaintiffs-Petitioners are seriously prejudiced. Hence, a direction may be issued for early disposal of the suit.
4. On perusal of the order sheet of C.S. No.1661 of 2012, it appears that the suit is being posted to different dates since 9th July, 2018 for further argument. Adjournment of the suit for such a long time is not desirable. Hence, learned trial Court should make an endeavour for hearing of argument, if necessary and deliver the judgment at an early date.
5. With the aforesaid observation and direction, the CMP is disposed of.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge bks
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