Narasingha Padhan vs Raghunath Chhuria And Others
2023 Latest Caselaw 10369 Ori

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 31-Aug-2023 19:43:11



                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                                   CMP No. 792 OF 2023
                                               Narasingha Padhan                   ....       Petitioner
                                                                      Mr. Sahasransu Sourav, Advocate
                                                                     -versus-
                                               Raghunath Chhuria and others        .... Opp. Parties

                                                    CORAM:
                                                    JUSTICE K.R. MOHAPATRA
                                                                     ORDER

                       Order No.                                    30.08.2023
                             2.           1.      This matter is taken up through hybrid mode.

2. The Petitioner in this CMP prays for a direction to learned Senior Civil Judge, Sonepur to dispose of C.S. No.122 of 2019 at an early date.

3. On 9th August, 2023, this Court upon hearing learned counsel for the Petitioner, passed the following order:

"2. This CMP has been filed for early disposal of CS No.122 of 2019 pending, before the Court of learned Senior Civil Judge, Sonepur.

3. It is submitted by Mr. Sourav, learned counsel for the Petitioner/Plaintiff No.3 that the suit was decreed ex- parte in favour of the Petitioner and other Plaintiffs vide judgment dated 4th March, 2020. Subsequently, the ex- parte decree was set aside and the suit was restored to its original position. Thereafter, the suit has not proceeded further. In spite of the best efforts, the Plaintiff No.3 is not even provided with the certified copy of the order sheet.

4. In view of such submission, this Court direct learned Senior Civil Judge, Sonepur to submit a report with regard to present status of the suit and the steps taken by the said Court after the ex-parte decree was set aside. The report should reach this Court by 23rd August, 2023.

5. Put up this matter on 30th August, 2023.

6. Office is directed to communicate this order to learned Senior Civil Judge, Sonepur forthwith."

4. Accordingly, learned Senior Civil Judge, Sonepur vide his letter No.441 dated 18th August, 2023 intimated that on 16th

Signature Not Verified // 2 // Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 31-Aug-2023 19:43:11

August, 2022, the written statement filed by Defendant No.1 was accepted and the record was posted to 26th August, 2022 for filing of additional issues, if any. Then the suit was adjourned from 26th August, 2022 to 7th September, 2022 and then to 13th September, 2022. As no additional issue was filed, the case was posted to 16th September, 2022 for filing of list of witnesses and documents, if any. It is also stated therein that the list of witnesses and documents was filed on 16th September, 2022 and the case record was posted to 30th September, 2022 for hearing of the suit. From 30th September, 2022 to 18th July, 2023, the suit was adjourned to different dates at the instance of the Plaintiffs by filing petition for adjournment. On 18th July, 2023, the Plaintiffs filed a petition for adjournment, which was allowed and the case was posted to 5th September, 2023 for evidence from the side of the Plaintiffs. Thus, the submission made by Mr. Sourav, learned counsel for the Petitioner on the basis of averments made in the CMP, does not appear to be correct. It is for the Plaintiffs, the suit is being adjourned to different dates for adducing evidence on their behalf. Today, a memo is filed by learned counsel for the Petitioner to withdraw the CMP.

4. In view of the conduct of the Petitioner, the precious judicial time has been wasted. However, Mr. Sourav, learned counsel for the Petitioner tenders sincere apology for the inconvenience caused to the Court. It is his submission that in a good faith and on the instruction of the Plaintiff No.3-Petitioner, the CMP was filed, which appears to be incorrect. Hence, this

Signature Not Verified // 3 // Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 31-Aug-2023 19:43:11

Court feels it proper to allow withdrawal of the CMP imposing cost for misleading the Court and wasting judicial time.

5. Accordingly, the CMP is disposed of as withdrawn with a direction that the Plaintiff No.3-Petitioner shall pay a cost of Rs.10,000/- (Rupees ten thousand only), which shall be deposited before learned Senior Civil Judge, Sonepur within a period of three weeks hence. If the cost is not deposited within the time stipulated above, the same shall be recovered following due process of law. On deposit of cost/realization of cost as aforesaid, the same shall be made over to the District Legal Services Authority, Sonepur for rendering legal aid to the disserving persons.

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

                                                                            (K.R. Mohapatra)
               ms                                                                 Judge