Dr. Debadutta Misra vs M/s. Srikrishna Estates And Constructions Pvt. Ltd., Bhubaneswar 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 the petition under Order V Rule 9-A CPC in CS No.1182 of 2017 pending in the Court of learned Senior Civil Judge (LR), Bhubaneswar.

It is submitted by Mr. Roy, learned counsel for the Petitioner that the suit has been filed for declaration and possession. During pendency of the suit, an application under order V Rule 9-A CPC was filed to treat the substituted notice on Defendant No.2 to be sufficient. In the said case, the Plaintiff No.1 has died. But, his legal heirs are not interested to be substituted in his place. They are also not co-operating with the Petitioner-Plaintiff No.2 to file an application for substitution of deceased-Plaintiff No.1. Since the legal heirs of deceased-Plaintiff No.1 did not co-operate with the Petitioner, he has engaged a separate set of counsel to prosecute his case. Although a Vakalatnama has been filed, the matter is lingering since 20th March, 2023 for consideration of petition under Order V Rule 9-A CPC as well as for consideration of the Vakalatnama filed by the Plaintiff No.2-Petitioner. Hence, this CMP has been filed for the aforesaid relief.

Upon hearing Mr. Roy, learned counsel for the Petitioner and on perusal of the order sheet annexed to this CMP, it appears that an application under Order V Rule 9-A CPC has been filed to treat the notice on Defendant No.3 to be sufficient. However, there is no material available on record to ascertain that any notice under Order V Rule 9-A CPC was sent.

Be that at it may, when an application has been filed under Order V Rule 9-A CPC, learned trial Court should pass an order on the same without adjourning the matter unnecessarily.

It appears that the matter is lingering since 20th March, 2023 for consideration of the Vakalatnama filed by Mr. Tapesh Roy, and his associates on behalf of Defendant No.2. No order has yet been passed on the same, although the matter has been adjourned on several occasions. It also appears that since 10th April, 2023, learned trial Court is passing stereotype orders without proceeding with the suit.

In view of the above, this CMP is disposed of with a direction to learned trial Court to consider the petition under Order V Rule 9-A CPC as well as Vakalatnama filed by Petitioner-Plaintiff No.2 in accordance with law at the earliest without adjourning the matter unnecessarily.

Parties are directed to co-operate with learned trial Court for early disposal for the suit.

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

Issue urgent certified copy of this order on proper application.

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