Orissa High Court
Banami @ Ballav Behera @ Sri vs Jatadhari Behera And Another .... Opp. ... on 14 March, 2023
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 163 of 2023
Banami @ Ballav Behera @ Sri .... Petitioner
Banamali Behera
Mr. Niranjan Singh-1, Advocate
-versus-
Jatadhari Behera and another .... Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 14.03.2023 1. 1. This matter is taken up through Hybrid mode.
2. This CMP has been filed for a direction to dispose of CS (1) No.417/547 of 2021 pending in the Court of learned Senior Civil Judge, Soro at an early date.
3. Mr. Singh, learned counsel submits that pleadings are complete and the suit is ready for hearing. He drew attention of this Court to order dated 2nd December, 2022 (Annexure-4), wherein it is indicated that the matter was posted to 13th December, 2022 for hearing of the suit. He, therefore, submits that there is no impediment for early disposal of the suit, but for some reason or the other, the matter is being adjourned. Due to lingering of the suit, which is filed for partition, the Plaintiff/Petitioner is highly prejudiced.
4. Upon hearing learned counsel for the Petitioner and on perusal of record, it appears that on 2nd December, 2022 on which date the matter was ready for hearing. It is the Plaintiff/Petitioner, who had sought for adjournment and the suit Page 1 of 2 // 2 // was adjourned to 13th December, 2022 for hearing. In view of the above, the CMP is disposed of with an observation that the parties shall cooperate learned trial Court for early disposal of the suit. If any of the parties do not cooperate learned trial Court, it would be at liberty to take coercive action against such party(ies).
Issue urgent certified copy of the order on proper application.
(K.R. Mohapatra) Judge s.s.satapathy Page 2 of 2