Babuli Malik vs Manaka Malik And Others

K.R. Mohapatra, J

This matter is taken up through hybrid mode.

The Petitioner in this CMP prays for a direction for early disposal of Final Decree No.93 of 1999-I pending in the Court of learned Civil Judge (Senior Division), Bhadrak.

Mr. Acharya, learned counsel for the Petitioner submits that although the report of the Commissioner has been submitted since long, but the matter is being adjourned to different dates for acceptance of the Commissioner’s report. A petition in that regard has been filed, which is being adjourned to different dates. In that process, the Defendant-Petitioner in the final decree proceeding is seriously prejudiced. Hence, finding no other alternative, this CMP has been filed.

Taking into consideration the submission made by learned counsel for the Petitioner and on perusal of the record, more particularly the order sheet of the Final Decree No.93 of 1999-I annexed to the CMP as Annexure-8, this Court is not clear about the up-to-date status of the final decree proceeding.

In that view of the matter, this CMP is disposed of with a direction that in the event the Petitioner files an application for early disposal of Final Decree No.93 of 1999-I stating the grounds therein, the same shall be considered as expeditiously as possible preferably within a period of two weeks from the date of filing of such application, giving opportunity of hearing to the parties concerned and learned trial Court shall proceed with the matter accordingly.

It is made clear that learned trial Court should also make an endeavour for early disposal of the final decree proceeding keeping in mind that the suit is of the year, 1999, if there is no legal impediment.

Urgent certified copy of this order be granted on proper application.

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