Bishnu Charan Sahoo vs Sabitri Sahoo And Others

K.R. Mohapatra, J

This matter is taken up through hybrid mode.

Petitioner in this CMP seeks for a direction for early disposal of Civil Suit No.21 of 2013 pending in the Court of learned Senior Civil Judge, Pattamundai.

It is submitted by Mr. Baral, learned counsel for the Petitioner that Opposite Party No.1 has filed the suit to declare the decree passed in Civil Suit No.509 of 2011 of the said Court and the compromise arrived at between the parties is null and void as well as further consequential relief. Although the suit is pending since 2013 and the pleadings are complete since 2014, the Plaintiff-Opposite Party No.1 is dragging on the litigation by filing one petition or other. At present he has filed an application under Order VI Rule 17 CPC for amendment of the plaint. The same is pending for consideration. In view of the conduct of the Plaintiff, the Petitioner-Defendant-2 is seriously prejudiced. Hence, this CMP has been filed.

Considering the submission made by learned counsel for the Petitioner, this Court finds that the suit is not ready for hearing at present. Hence, direction for early disposal of the suit would not be proper.

Since the suit is of the year 2013, learned trial Court should make its best endeavour to see that the petition, if any pending, is disposed of at an early date and hearing of the suits is taken up, if there is no legal impediment.

No liberal/unnecessary adjournments shall be granted to any of the parties. Parties are also directed to co-operate with learned trial Court for early disposal of the suit.

With the aforesaid observation and direction the CMP is disposed of.

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

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