Subash Chandra Mohanty vs Baban Jena And Others .... Opp. Parties
2024 Latest Caselaw 19 Ori

Orissa High Court

Subash Chandra Mohanty vs Baban Jena And Others .... Opp. Parties on 2 January, 2024

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 03-Jan-2024 17:28:42


                                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    CMP NO.1545 OF 2023
                                           Subash Chandra Mohanty                    ....        Petitioner
                                                                           Mr. Maheswar Mohanty, Advocate
                                                                     -versus-
                                           Baban Jena and others                      ....     Opp. Parties

                                                    CORAM:
                                                    JUSTICE K.R. MOHAPATRA
                                                            ORDER

                Order No.                                  02.01.2024

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

2. This CMP has been filed seeking for a direction to learned Civil Judge (Junior Division), Jajpur for disposal of CMA No.33 of 2019 filed under Order IX Rule 13 CPC at an early date which has been filed to set aside the judgment and decree passed in CS No.79 of 2017.

3. Learned counsel for the Petitioner submits that the present Petitioner is the sole contesting Opposite Party in the CMA. He has already entered appearance and filed his objection since long. Although, Opposite Party Nos.2 and 3 to the CMA were co- defendants in the suit and have no conflicting claim with the Opposite Party Nos.1 to 3 (Petitioners in the CMA), learned trial Court is adjourning the matter awaiting SR and PA on those Opposite Parties. It is his submission that their presence is not necessary for disposal of CMA No.33 of 2019. The Petition under Order IX Rule 13 CPC is otherwise ready for hearing.

4. Taking into consideration the submission made by learned counsel for the Petitioner, this Court finds that Defendant Nos.1 to 3 are the Petitioners in CMA No.33 of 2019. Defendant Nos. 3 and 4 are Performa Opposite Parties to the CMA.

Designation: Junior Stenographer

Location: High Court of Orissa, Cuttack Date: 03-Jan-2024 17:28:42

5. In view of the above, this Court disposes of the CMP with a direction that on filing of an application for early disposal of the CMA by the Petitioner-Plaintiff, learned trial Court shall do well to examine as to whether the CMA can be disposed of in absence of the Performa Opposite Parties to the CMA. Such a decision shall be taken within a period of four weeks from the date of filing of this petition as aforesaid.

6. In the event, the CMA can be disposed of in absence of Opposite Party Nos.2 and 3 to the CMA, learned trial Court shall do well to proceed with the matter and make an endeavour for early disposal of the CMA giving opportunity of hearing to the parties concerned.

7. With the aforesaid observation, the CMP is disposed of.

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

(K.R. Mohapatra) Judge

Rojalin