Sanjukta Das vs Sovakar Das And Others
2023 Latest Caselaw 10983 Ori

Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 08-Sep-2023 18:58:22



                                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      CMP NO. 683 OF 2018
                                 Sanjukta Das                                     ....        Petitioner
                                                                Mr. Bhawani Sankar Panigrahi, Advocate
                                                                 -versus-
                                 Sovakar Das and others                           ....     Opp. Parties
                                                                                                  None
                                               CORAM:
                                               JUSTICE K.R. MOHAPATRA
                                                       ORDER

            Order No.                                 08.09.2023
                            IA No.672 of 2020 & CMP NO. 683 OF 2018
               6.           1.           This matter is taken up through hybrid mode.

2. This is an application filed by the Petitioner to recall order dated 7th December, 2020 passed in IA No.625 of 2020, by which interim order dated 11th May, 2018 passed in IA No.730 of 2018 was vacated.

3. Mr. Panigrahi, learned counsel for the Petitioner submits that the CMP has been filed assailing the judgment dated 31st March, 2018 passed by learned District Judge, Khurda at Bhubaneswar in FAO No.18 of 2017, whereby it directed the parties to maintain status quo in respect of Schedule 'A', 'B' and 'C' property excluding the property described in Schedule 'D'. It is submitted that over Schedule 'D' property, a multi-storied building was being constructed. In the meantime, construction has been completed and flats have been handed over to some of the intending purchasers. He, therefore, submits nothing remains to be adjudicated in this CMP.

Signature Not Verified Digitally Signed // 2 // Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 08-Sep-2023 18:58:22

3.1 Mr. Panigrahi, learned counsel for the Petitioner, however, submits that since the suit is of the year 2016 endeavour should be made for early disposal of the same. He, accordingly prays to dispose of the IA No.672 of 2020 as withdrawn and to dispose of the CMP with a direction to dispose of CS No.2128 of 2016 pending in the Court of learned Civil Judge (Senior Division), Bhubaneswar at an early date.

4. In view of the above, the IA No.672 of 2020 is disposed of as withdrawn. The CMP is also disposed of with a direction that learned trial Court shall make an endeavour to dispose of CS No.2128 of 2016 expeditiously without granting unnecessary /long adjournments. Parties are directed to cooperate with learned trial Court for early disposal of the suit.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge

s.s.satapathy