Anirudha Das vs Nishakar Jena And Others
2023 Latest Caselaw 13018 Ori

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-Oct-2023 10:17:16


                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                               CMP No. 1052 OF 2023
                                               Anirudha Das                           ....       Petitioner
                                                                          Mr. Vivekananda Jena, Advocate
                                                                        -versus-
                                               Nishakar Jena and others               .... Opp. Parties


                                                    CORAM:
                                                    JUSTICE K.R. MOHAPATRA
                                                                    ORDER

                       Order No.                                   18.10.2023
                            1.            1.      This matter is taken up through hybrid mode.

2. The Petitioner in this CMP seeks for a direction for early disposal of R.F.A. No.229 of 2017 pending in the Court of learned District Judge, Balasore.

3. Mr. Jena, learned counsel for the Petitioner submits that Defendant Nos.1 and 2-Opposite Party Nos.1 and 2 have filed R.F.A. No.229 of 2017 assailing the judgment and decree in C.S. No.326 of 2014 passed by learned Senior Civil Judge, Balasore. The matter is lingering for non-substitution of deceased Respondent Nos.11 and 18. Time and again, the Opposite Party Nos.1 and 2 are filing either affidavits or petitions for substitution of deceased Respondents and are withdrawing the same. In this process, the matter is being adjourned since 2020. Learned trial Court without taking any coercive measure against them, is adjourning the matter liberally. Hence, the Petitioner being the Decree Holder is seriously prejudiced. As such, this CMP has been filed for the aforesaid relief.

// 2 // Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Oct-2023 10:17:16

4. Considering the submission made by learned counsel for the Petitioner, this Court is of the considered opinion that the aforesaid facts should be brought to the notice of learned District Judge, Balasore for appropriate direction.

5. In view of the above, this Court disposes of the CMP with an observation that if the Petitioner files appropriate application bringing the aforesaid facts to the notice on learned District Judge, Balasore, the same may be considered in accordance with law and learned appellate Court may proceed with the appeal accordingly.

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

                                                                              (K.R. Mohapatra)
               ms                                                                   Judge