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Judgment
17 paragraphs · 309 wordsÂ
K.R. Mohapatra, J
This matter is taken up through video conferencing mode.
The Petitioner in this CMP prays for a direction for early disposal of C.S. (I) No. 330 of 2012 pending before learned Civil Judge (Junior Division),
Balasore.
It is submitted by Mr. Das, learned counsel for the Petitioner that the suit has been filed for partition and the matter is otherwise ready for hearing,
but the plaintiffs in order to linger the matter are filing different petitions for which the suit could not be disposed of as yet. It is his submission that
there was earlier partition. Thus, the suit should be adjudicated at an early date so that there will be no further harassment of Defendant No.3.
On perusal of the record, it appears from the order sheet dated 13rd November, 2020 under Annexure-7 that the status of the suit is not clear. In
that view of the matter, I am not in a position to direct for early disposal of the suit. It is, however, observed that in the event the Petitioner files a
petition for early disposal of the suit stating grounds therein within a period of two weeks hence, learned Civil Judge (Junior Division), Balasore shall
do well to consider the same in accordance with law and if the matter is otherwise ready for hearing, shall proceed with the hearing of the suit
expeditiously.
With the aforesaid observation, the CMP is disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.