Prabhat Kumar Swain vs Charushree @ Charulata Ray
2023 Latest Caselaw 4297 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CMP No. 368 OF 2023
                 Prabhat Kumar Swain                        ....       Petitioner
                                                      Miss Sipra Das, Advocate
                                           -versus-

                 Charushree @ Charulata Ray                 ....    Opp. Parties
                 Choudhury and others

                            CORAM:
                           JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             25.04.2023


  1.        1.       This matter is taken up through Hybrid mode.

2. Petitioner in this CMP seeks for a direction for early disposal of Final Decree Proceeding in CS No.214 of 2006 pending in the Court of learned 2nd Additional Civil Judge (Senior Division), Cuttack.

3. It is submitted by Miss Das, learned counsel that CS No.214 of 2006 was preliminarily decreed vide judgment dated 30th June, 2017. Since no amicable partition could be possible, Final Decree proceeding has been initiated by the Petitioner on 11th December, 2017, but as yet notices have not been issued in the Final Decree Proceeding in spite of best efforts made by the Petitioner. As the suit is of the year 2006 and the Final Decree Proceeding is pending since 2017, steps should be taken for early disposal of the Final Decree proceeding by learned trial Court.

// 2 //

3.1 It is submitted by Miss Das, learned counsel for the Petitioner that there is no legal impediment in the proceeding for drawing the Final Decree in the suit. She, therefore, submits that a direction to that effect may be issued so that the preliminary decree can be made final.

4. Taking into consideration, the submission made by learned counsel for the Petitioner, this Court is not in a position to ascertain the actual position of the Final Decree proceeding in the aforesaid suit.

4.1 However, it is submitted by learned counsel for the Petitioner that the notices are yet to be issued in the matter. If that be so, learned trial Court should make all endeavours to see that notices are issued to the parties and the Final Decree is disposed of at an early date. Parties are directed to cooperate learned trial Court for early disposal of the Final Decree, if there is no legal impediment.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge

s.s.satapathy