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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Perused the minutes dated 23rd April, 2024 of Deputy Registrar (Judicial).
It appears from the minutes that Superintendent of Computer Filing Section has submitted his explanation that he joined in the Computer Filing Section of 16th January, 2024. This CMP was filed on 11th December, 2023 and during the process of registration of the case, it was found that one of the filing counsel, Mr. Jagajiban Pradhan had not signed the Vakalatnama. Hence, the Filing Section informed Mr. Pradhan, learned counsel several times over phone to come to the section and sign the Vakalatnama so that the case can be registered. Inspite of repeated calls, learned counsel came to the section only on 21st March, 2024 and signed the Vakalatnama for which the delay occurred in sending the record to the Stamp Reporting Section.
If there was any defect in filing the brief, it is the Stamp Reporter to point out and do the needful. The Superintendent of Computer filing Section should not have held up the brief without processing the matter. However, the Superintendent of Computer Filing Section should be more careful in future to avoid repetition of such mistakes.
Learned Deputy Registrar (Judicial) shall communicate the same to the concerned Superintendent immediately.
The Petitioner in this CMP prays for early disposal of Final Decree No.208 of 2018 pending in the Court of learned Civil Judge, (Junior Division), Bhadrak.
While entertaining the matter on 22nd March, 2024, this Court passed the following order:
“1. This matter is taken up through hybrid mode.
It appears that this CMP was filed on 11th December, 2023 and the file was received by the concerned section after Stamp Reporting on 21st March, 2024 at 5.30 PM. Thus, learned Deputy Registrar (Judicial) is directed to call for an explanation from the concerned Stamp Reporter as to why there was delay in Stamp Reporting and sending the file to the concerned section.
Upon hearing Mr. Mishra, learned Senior Advocate, this Court finds that vide order dated 1st February, 2023, requisition was made by learned Civil Judge, Junior Division, Bhadrak to nominate the name of the Civil Court Commissioner to draw the final decree. Till date, the nomination has not been made. Mr. Mishra, learned Senior Advocate further submits that the matter is posted to 12th April, 2024 awaiting nomination of the Civil Court Commissioner.
Hence, learned District Judge, Bhadrak is directed to submit a report as to why the nomination of Civil Court Commissioner has not yet been made in the instant case, i.e., Final Decree No.208 of 2018 pending in the Court of learned Civil Judge (Junior Division), Bhadrak.
Learned Deputy Registrar (Judicial) is directed to communicate this order to learned District Judge, Bhadrak forthwith.
The report should reach this Court by 24th April, 2024.
Put up this matter on 2nd May, 2024 along with the report of learned District Judge, Bahdrak, if any, received in the meantime.”
Taking into consideration the submission made by Mr. Mishra, learned Senior Advocate that on 1st February, 2023 requisition was made by learned Civil Judge (Junior Division), Bhadrak to nominate the Civil Court Commissioner to draw the Final Decree, but no nomination could be made till 12th April, 2024. Hence, a report from learned District Judge, Bhadrak was called for in that regard. Learned District Judge, Bhadrak in his Letter No.1696 dated 23rd April, 2024 (Flag ‘D’) intimated that one Miss Rajanandini Nayak, Salaried Amin has been nominated to draw the Final Decree in Final Decree No.208 of 2018.
In that view of the matter, this CMP is disposed of with a direction that learned Civil Judge, (Junior Division), Bhadrak shall do well to proceed with the Final Decree Proceeding immediately and make an endeavour for early disposal of the same as expeditiously as possible preferably within a period of six months keeping in mind that the Final Decree Proceeding is of the year 2018.
The Salaried Amin shall also be intimated to do the needful without wasting any time.
With the aforesaid observations and directions, this CMP is disposed of.
Urgent certified copy of this order be granted on proper application..
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