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Judgment
9 paragraphs · 316 wordsK.R. Mohapatra, J
This matter is taken up through hybrid mode.
The Petitioner in this CMP seeks for a direction for early disposal of CMA No. 1 of 2022 pending in the Court of learned Senior Civil Judge, Aska, which has been filed for restoration of C.S. No. 109 of 2011.
Mr. Jena, learned counsel for the Petitioner submits that C.S. No.109 of 2011 was dismissed for default on 16th April, 2022. Thereafter, an application under Order IX Rule 9 C.P.C. was filed in CMA No.1 of 2022. But, unfortunately the said CMA was dismissed for non-prosecution. Accordingly, the Petitioner filed CMA No.1 of 2023 for restoration of CMA No.1 of 2022. Said CMA has been allowed vide order dated 1st August, 2023 and CMA No.1 of 2022 has been restored to its file. Thereafter, learned trial Court is not taking any step either to issue notice in CMA No.1 of 2022 or to proceed with the matter. Hence, finding no other alternative, this CMP has been filed.
3.1 It is further submitted by Mr. Jena, learned counsel for the Petitioner that there is no legal impediment to proceed with CMA No.1 of 2022. Thus, learned trial Court should take necessary step for issuance of notice to the Opposite Parties in CMA No.1 of 2022 at an early date.
Considering the submission made by learned counsel for the Petitioner, this Court is not in a position to ascertain the exact status of CMA No.1 of 2022.
In view of the above, this CMP is disposed of with an observation that if an application is filed by the Petitioner detailing the reasons therein to proceed with CMA No.1 of 2022 before learned trial Court within a period of two weeks hence, the same shall be considered in accordance with law.
Urgent certified copy of this order be granted on proper application.
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