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Judgment
10 paragraphs · 259 wordsK.R. Mohapatra, J
This matter is taken up through hybrid mode.
Defendant Nos. 15 and 16 in the suit filed this CMP for early disposal of the CMA No.703 of 2016 filed under Order IX Rule 9 CPC for restoration of CS No.857 of 2007 pending in the Court of learned 1st Additional Senior Civil Judge, Balasore.
It is submitted by Ms. Mohanty, learned counsel for the Petitioners that due to non-cooperation of the Plaintiffs-Opposite Party Nos. 1 to 4, the petition under Order IX Rule 9 CPC is pending and not disposed of as yet.
Referring to the order sheet in CMA No.703 of 2016 (Annexure-1), learned counsel for the Petitioners submits that on each occasion, the Opposite Party only filed Hazira and the matter was being adjourned. Due to pendency of the petition under Order IX Rule 9 CPC, the Petitioners are seriously prejudiced. Hence, this CMP has been filed.
Considering the contention made by learned counsel for the Petitioners, this Court disposes of the CMP with a direction that learned trial Court should make its best endeavour to see that CMA No.703 of 2016 is disposed of at an early date.
If any of the parties does not cooperate with learned trial Court for early disposal of the petition under Order IX Rule 9 CPC, coercive action may be taken against him/her in accordance with law.
With the aforesaid observation and direction, the CMP is disposed of.
Urgent certified copy of this order be granted on proper application.
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