Parbati Moharana And Another vs Chandrasekhar Moharana @ Sikhar And Others

K.R. Mohapatra, J

This matter is taken up through video conferencing mode.

None appears for the Petitioners at the time of call.

This CMP has been filed with a prayer to direct the learned Civil Judge (Senior Division), 1st Court, Cuttack to dispose of C.S. (I) No. 741 of 2019

pending before him within a stipulated time.

From the averments made in the CMP and the documents annexed thereto, it appears that the aforesaid civil suit has been filed for a declaration

that RSD No. 5142 dated 5th November, 1984 is illegal, invalid and not binding on the plaintiffs, to declare the mutation R.O.R. issued in the name of

Opposite Party Nos. 3 to 6 in respect of the suit land as illegal, invalid and inoperative and for permanent injunction and in the alternative, the Plaintiffs

have prayed for recovery of possession of the suit land, if they found to have been dispossessed from the suit land during pendency of the suit along

with other consequential relief.

Although the Opposite Party Nos. 3 to 6, who have been arrayed as Defendants in the suit and have already appeared, they without cooperating the

Court for early disposal of the suit are filing different proceedings in different forums including the proceeding under Section 144(1) and (2) Cr.P.C. in

Crl. Misc. Case No. 20 of 2020 before the ADCP-cum-Executive Magistrate, U.P.D., Cuttack. Thus, they are making attempt to linger the

proceedings and to harass the Plaintiffs-Petitioners. In that view of the matter, the Petitioners have filed this CMP for the aforesaid relief.

From the averments made in the writ petition, there appears no exigency for such direction.

However, this CMP is disposed of with an observation that parties should cooperate with the trial court for early disposal of the suit and the

Plaintiffs-Petitioners, if so advised, may move for interim relief by filing necessary application before the trial court for protection of their right during

pendency of the suit.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.

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