Bhima Meher vs Manjula Meher

S.Pujahari, J

This matter is taken up through Hybrid mode.

It appears that vide order dated 29.03.2012 this Court stayed Misc. Case No.30 of 2011 pending in the court of learned S.D.J.M., Boudh subject to the Petitioner depositing Rs.5,000/- in the Nationalized Bank.

Since this is a case of the year 2012, this Court had called for a report from the learned S.D.J.M., Boudh regarding the present status of M.C No.30 of 2011 vide order dated 15.02.2022. But the learned S.D.J.M, Boudh vide letter dated 22.02.2022 has given a report, as follows:

“With reference to the subject cited above, I am to intimate that the original case record in M.C Case No.30/2011 for reference in CRLMC No.826 of 2012 (Bhima Meher – Vrs- Manjula Meher) of the Hon’ble Court has already been transferred to the Court of The Judge, Family Court, Boudh vide this office Letter No.121, dated 25.01.2019.

This is for favour of kind information and necessary action.”

The approach of the learned S.D.J.M., Boudh is seemingly unwarranted inasmuch as if at all Misc. Case No.30 of 2011 has been transferred to the court of learned Judge, Family Court, Boudh when Court wanted to know the present status of Misc. Case No.30 of 2011, he could have requested the learned Judge, Family Court, Boudh to submit the said report with the order of this Court for necessary compliance of the said order, but instead of doing that he has taken a pedantic approach, which causes further delay in disposal of the matter.

Therefore, this order be communicated to the learned S.D.J.M., Boudh for his information with the hope that the learned S.D.J.M., Boudh shall not repeat the same in future. So also Registry shall do the needful and give necessary instruction to different courts that when a case is transferred from one court to another court and if a report is called for in the said case, they should do the needful to forward the letter to the said court with a request to submit the report to this Hon’ble Court, as desired, with intimation to the court. The court where such case is pending even the direction is not to the said court, may do the needful for compliance of the said order.

However, a report be called for with regard to the present status of M.C No.30 of 2011, which is stated to be transferred from the file of the learned S.D.J.M., Boudh to the file of learned Judge, Family Court, Boudh immediately by E.Mail by the Registry and such report must reach to this Court by 03.03.2022.

List this matter on 04.03.2022.

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