Agadi Gouda And Another vs Dharakote Taluk
2023 Latest Caselaw 13110 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 19:51:20

                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                              CMP No. 1293 OF 2023
                                               Agadi Gouda and another              ....      Petitioners
                                                                    Mr. Kishore Kumar Mishra, Advocate
                                                                       -versus-
                                               Dharakote Taluk, Solakhanda Gopal    .... Opp. Parties
                                               Samaj, Ganjam and another


                                                    CORAM:
                                                    JUSTICE K.R. MOHAPATRA
                                                                       ORDER

                     Order No.                                        19.10.2023
                           1.             1.      This matter is taken up through hybrid mode.

2. Order dated 10th August, 2023 (Annexure-4) passed by learned Additional District Judge, Aska, Ganjam in F.A.O. No.2 of 2022 is under challenge in this CMP, whereby learned appellate Court modified the order dated 11thApril, 2022 (Annexure-3) passed by learned Civil Judge (Junior Division), Aska in I.A. No.10 of 2021 (arising out of C.S. No.3 of 2021) by holding as under:

"In the circumstances I feel it appropriate to allow the defendants/ appellants to continue as the president and secretary of the society/kula samaja until next six months or till disposal of the case whichever is earliest and the defendants/ appellants are hereby restrained to interfere in the administration of the Solakhanda Gopal Samaj of Dharakote Taluka and are directed not to publish or circulate any notice/letter/form by representing themselves as president and secretary of the samaj till that period.

If the suit is not disposed of within six months then the plaintiffs/respondents can renew their prayer. However, if after six months if it is found that the plaintiffs/respondents are unnecessarily protracting the litigation then the trial court may not

Signature Not Verified // 2 // Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Oct-2023 19:51:20 allow the plaintiffs/respondents to further continue as president and secretary of the society/kula samaja.

It is appraised that in the suit the evidence from the side of plaintiffs is closed. The defendants are to adduce evidence. The learned trial court is directed to conclude the trial expeditiously within six months. The learned trial court is to strictly adhere to the provisions of Order-17 of CPC while allowing adjournment.

Transmit the LCR along with a copy of this judgment to the learned Civil Judge (Junior Division), Aska forthwith."

3. Mr. Mishra, learned counsel submits that the Petitioners are elected members of the Samaj. Both learned trial Court as well as learned appellate Court by passing the order impugned herein have restrained the elected body from discharging the duties. In view of the impugned orders, the Petitioners are restrained from discharging their duties, as the elected officers bear the Kula Samaj. He also raised several other issues with regard to validity of the impugned orders passed by learned trial Court as well as learned appellate Court. He, therefore, prays for setting aside the impugned orders.

4. On perusal of the impugned order under Annexure-4, it appears that learned appellate Court has clarified that the restraint order will remain effective for six months from the date of the impugned order, i.e., 10th August, 2023. It is also directed inter alia that the suit should be disposed of within a period of six months. Learned appellate Court has also observed that if the Opposite Parties do not cooperate for early disposal of the suit, the learned trial Court may not allow them to continue further. Thus, it is apparent that the Petitioner has a scope to seek for variation of the interim arrangement made. In the meantime, almost three months have elapsed.

Signature Not Verified // 3 // Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Oct-2023 19:51:20

5. As issuance of notice to the Opposite Parties and hearing of the case on merit will takes some time, there is every likelihood that by the time the CMP is taken upon merit, the matter would render infructuous.

6. Since almost three months have already elapsed in the meantime, this Court without interfering with the impugned orders under Annexures-3 and 4, directs both the parties to cooperate with learned trial Court for early disposal of the suit. If the suit is not disposed of within the aforesaid period, the Petitioners are at liberty to seek for variation of the interim arrangement made pursuant to the order under Annexure-4 before learned trial Court.

7. 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)
              ms                                                                   Judge