Udaynath Behera vs The State Of Odisha And Others
2023 Latest Caselaw 13249 Ori

Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 19-Oct-2023 19:28:19




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  CMP NO.1168 OF 2023
                                    Udaynath Behera                   ....                   Petitioner
                                                                     Mr. Subrat Kumar Sahoo, Advocate
                                                              -versus-
                                    The State of Odisha and others               ....      Opp. Parties
                                                                         Mr. Debendra Kumar Mohanty,
                                                                           Additional Standing Counsel

                                                 CORAM:
                                                 JUSTICE K.R. MOHAPATRA
                                                         ORDER

               Order No.                                19.10.2023

                01.            1.         This matter is taken up through hybrid mode.

2. Petitioner in this CMP seeks for a direction for early disposal of CS No.786 of 2019 pending in the Court of learned Civil Judge (Senior Division), Jajpur.

3. It is submitted by Mr. Sahoo, learned counsel that the Plaintiff in the suit is the Petitioner in this CMP. After the Defendants were set ex-parte, evidence were recorded from the side of the Plaintiffs and the suit was posted to 29th September, 2022 for ex-parte argument. Since then, although more than one year has already elapsed, learned trial Court is not taking up the matter for ex-parte argument and pass the judgment. As such, the Petitioner is seriously prejudiced. Thus, finding no other alternative, this CMP has been filed.

4. Upon hearing learned counsel for the Petitioner and on perusal of the record at Annexure-2, it appears that on 29th September, 2022, the suit was posted to 5th November, 2022 for ex- parte argument. Since then the suit has been adjourned for more

Signature Not Verified // 2 // Digitally Signed Signed by: ROJALIN NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Oct-2023 19:28:19

than eight occasions and in the meantime more than one year has already been elapsed but it is not known as to why learned trial Court is not taking up the matter for ex-parte argument.

5. In view of the above, this Court disposes of the CMP with a direction that if there is no legal impediment, learned trial Court shall take up the matter for which the suit is being posted and make an endeavour for early disposal of the suit.

6. The CMP is accordingly disposed of.

Issue urgent certified copy of this order on proper application.

(K.R. Mohapatra) Judge

Rojalin