Bhagabati Sahoo vs Sanatan Sahu And Others .... Opp. ... on 28 August, 2024

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Orissa High Court

Bhagabati Sahoo vs Sanatan Sahu And Others .... Opp. ... on 28 August, 2024

Bench: K.R. Mohapatra

Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: AR-cum-Senior Secretary
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 29-Aug-2024 19:35:46




                                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      CMP No. 559 of 2024
                                Bhagabati Sahoo                                ....     Petitioner
                                                                   Mr. Ashok Kumar Dash, Advocate
                                                             on behalf of Mr. Bishal Baivab, Advocate
                                                              -versus-
                                Sanatan Sahu and others                        ....     Opp. Parties

                                               CORAM:
                                               MR. JUSTICE K.R. MOHAPATRA
                                                        ORDER

          Order No.                                    28.08.2024
              1.           1.            This matter is taken up through hybrid mode.

2. Though Mr. Dash, learned counsel prays for a Passover on behalf of Mr. Baivab, learned counsel for the Petitioner, considering the nature of relief sought for, this Court takes up the matter for disposal.

3. Petitioner in this CMP prays for a direction for early disposal of CMA No.14 of 2023 (arising out of CS No.273 of 2022) pending in the Court of learned Senior Civil Judge, Dhenkanal.

4. Petitioner is the Opposite Party No.1 in CMA No.14 of 2023 and Plaintiff in CS No.273 of 2022 out of which the CMA arises. The suit was decreed ex-parte for which the CMA No.14 of 2023 has been filed by Opposite Party Nos.1 to 4 under Order IX Rule 13 CPC. From the order sheets of the CMA at Annexure-3 it appears that the CMA is not ready for hearing. Thus, the prayer made in the CMP cannot be granted at this stage.

Page 1 of 2 Signature Not Verified Digitally Signed

Signed by: SASANKA SEKHAR SATAPATHY Designation: AR-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 29-Aug-2024 19:35:46 // 2 //

5. Learned counsel appearing for the Petitioner submits that Defendant Nos.1 to 3 and 5 have filed the CMA to set aside the ex-parte decree. Taking advantage of an order of status quo, they are not taking proper steps in the CMA for which the matter is being protracted.

6. Thus, the CMP is disposed of with an observation that the Petitioner, if so advised, may move for early disposal of CMA No.14 of 2023, when it becomes ready for hearing.

7. The Petitioner is at liberty to move learned trial Court to take coercive measures against the Opposite Party Nos.1 to 4 (Petitioner Nos.1 to 3 and 5 in CMA), if any occasion so arises. It is further directed that no unnecessary or long adjournment shall be granted to any of the parties to the CMA.

(K.R. Mohapatra) Judge s.s.satapathy Page 2 of 2

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