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Judgment
9 paragraphs · 262 wordsK.R. Mohapatra, J
This matter is taken up through hybrid mode.
Petitioner in this CMP seeks for early disposal of CMA No.203 of 2021 (arising out of CS No.413 of 2012) pending before learned Civil Judge (Senior Division), Soro.
It is submitted by learned counsel for the Petitioner that CMA No.203 of 2021 has been filed under Order IX Rule 9 CPC. There is no legal impediment for disposal of the CMA since 16th December, 2022. The matter is being adjourned for argument in the CMA. Due to the pendency of the CMA, the Petitioner is seriously prejudiced. Hence, finding no other alternative, this CMP has been filed for the aforesaid relief.
Taking note of the submission made by learned counsel for the Petitioner and perusal of order sheets of CMA No.203 of 2021 at Annexure-4 reveals that the matter is being adjourned for argument in the said proceeding since 16th December, 2022.
It is not understood as to why the matter is being adjourned for almost last one and half year for argument in the CMA.
In view of the above, this Court disposes of the CMP with a direction that in the event Petitioner files an application before learned Civil Judge (Senior Division), Soro for early disposal of CMA No.203 of 2021, it shall do well to consider the said petition as expeditiously as possible, preferably within a period of two weeks from the date of application and proceed with the CMA accordingly.
Issue urgent certified copy of the order on proper application.
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