Narayan Chandra Sahu @ Narayan Sahu And Others vs Manoranjan Samanta And Others

K.R. Mohapatra, J

This matter is taken up through Hybrid mode.

Petitioners in this CMP seek to assail the order dated 29th September, 2023 passed by learned Civil Judge (Junior Division), Basudevpur in Misc. Case No.141 of 2022 arising out of CS No.166 of 2017, whereby instead of adjudicating the petition under Section 151 CPC seeking Police help to implement the order dated 7th September, 2019 passed in Misc. Case No.199 of 2017, learned trial Court adjourned the matter to be heard on the date fixed.

Mr. Satapathy, learned counsel for the Petitioner submits that CS No.166 of 2017 has been filed by the Plaintiffs/Petitioners for demarcation and for permanent injunction. In the said suit, Misc. Case No.199 of 2017 was filed under Order XXXIX Rules 1 and 2 CPC and upon hearing learned counsel for the parties, learned trial Court directed to maintain status quo over the property. During subsistence of the said order, Defendants/Opposite Parties demolished the thatched house of the Petitioners and started construction of a house thereon. Since the Opposite Parties are rapidly proceeding with the construction, Misc. Case No.141 of 2022 was filed under Section 151 CPC for implantation of the interim order of status quo. Although the matter is pending since 2022, learned trial Court, instead of disposing the same is adjourning the matter liberally. The matter was posted to 29th September, 2023 on which date the case was again adjourned to be taken up on 18th October, 2023, i.e., on the date fixed.

3.1 It is his submission that there is no legal impediment for early disposal of the petition under Section 151 CPC, but instead of disposing of the same, learned trial Court is adjourning the matter for which the Petitioners are seriously prejudiced. Hence, this CMP has been filed.

Considering the submission of learned counsel for the Petitioners and on perusal record, this Court finds that the petition under Section 151 CPC is pending since 2022. It is stated by learned counsel for the Petitioners that the matter is ready for hearing and there is no legal impediment for disposal of such petition.

Hence, this Court, without expressing any opinion on the merit of the petition, disposes of the CMP with a direction that learned trial Court should make an endeavour to see that Misc. Case No.141 of 2022 is disposed of on the next date without granting any adjournment to any of the parties if the matter is ready for hearing and there is no legal impediment for disposal of the same.

Issue urgent certified copy of the order on proper application.

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