Md. Arbaz Alam vs Md. Kamra Alam And Others
2023 Latest Caselaw 3680 Ori

Citation : 2023 Latest Caselaw 3680 Ori
Judgement Date : 18 April, 2023

Orissa High Court

Md. Arbaz Alam vs Md. Kamra Alam And Others on 18 April, 2023

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CMP No. 256 of 2023
                  Md. Arbaz Alam                             ....       Petitioner
                                                                           None
                                         -versus-
                  Md. Kamra Alam and others                  ....       Opp. Party

                            CORAM:
                           JUSTICE K.R. MOHAPATRA
                                        ORDER

Order No.                              18.04.2023
1.          1.       This matter is taken up through Hybrid mode.

2. None appears for the Petitioner at the time of call.

3. This CMP has been filed for a direction to learned 3rd Additional District Judge, Cuttack for early disposal of RFA No.41 of 2019 pending before the said Court.

4. On perusal of CMP, it appears that assailing the judgment and decree passed by learned Senior Civil Judge, 1st Court Cuttack in CS No.660 of 2015, the Opposite Party No.1 has filed RFA No.41 of 2019, which is pending before 3rd Additional District Judge, Cuttack. At his instance, an application under Order XXXIX Rules 1 and 2 CPC in IA No.1 of 2022 was filed in which the parties to the appeal are directed to maintain status quo over the suit property. 4.1 Although it is prayed for early disposal of the appeal, but this Court is unable to ascertain the exact position of the appeal to entertain the prayer made by the Petitioner. Had the order sheet of the appeal been annexed to the CMP it could have thrown some light on the status/position of the appeal. In absence of the same, this Court is not in a position to entertain the prayer made by the Petitioner in the CMP.

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5. Accordingly, the CMP is dismissed with an observation that the Petitioner may move learned appellate Court for early disposal of the appeal when it becomes ready for hearing.

(K.R. Mohapatra) Judge

s.s.satapathy