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Judgment
7 paragraphs · 255 wordsK.R. Mohapatra, J
This matter is taken up through hybrid mode.
This CMP has been filed seeking for a direction for early disposal of C.S. No.174 of 2019 pending in the Court of learned Civil Judge (Junior Division), Kujang.
Mr. Satapathy, learned counsel for the Petitioners submits that pleadings of the parties are complete. More than sixty adjournments have been granted in favour of the Plaintiff-Opposite Party. When the matter became ready for recording evidence of the Plaintiff, an application for amendment of the plaint has been filed, which is pending for consideration. The amendment sought for is not necessary for just adjudication of the suit and it has been filed only to linger the proceeding. As such, the Defendants-Petitioners are seriously prejudiced due to lingering of the suit. Thus, finding no other alternative, this CMP has been filed.
Considering the submission made by learned counsel for the Petitioners and that an application under Order VI Rule 17 C.P.C. is pending for consideration, this Court is not in a position to entertain the prayer of learned counsel for the Petitioners at this stage. However, the CMP is disposed of with an observation that the Defendants-Petitioners are at liberty to file an application for early disposal of the suit before learned trial Court when the suit becomes ready for hearing and in that event, learned trial Court shall consider such application and proceed with the matter in accordance with law.
Urgent certified copy of this order be granted on proper application.
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