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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Petitioner in this CMP seeks for a direction for early disposal of RFA No.47/73 of 2021/2018 pending in the Court of learned Second Additional District Judge, Puri.
Mr. Mohapatra, learned counsel for the Petitioner submits that Respondent No.1 is the Petitioner in this CMP. After substitution of Respondent No.7 in the Appeal, the Appellant-Opposite Party No.1 took several adjournments to file Consolidated Appeal Memo and requisites for issuance of notice to the substituted legal heirs of Respondent No.7. By the time of filing of the CMP, no requisites for issuance of notice to the substituted legal heirs of Respondent No.7 was filed, but he has instruction that very recently, the Appellant-Opposite Party No.1 has filed requisites for issuance of notice to the substituted legal heirs of deceased-Respondent No.7. Due to lingering of the proceeding, the Petitioner is highly prejudiced.
At present, the Appeal is directed to be posted in the month of February, 2024 for SR and PA of substituted legal heirs of Respondent No.7. In this process, disposal of the Appeal is being delayed and the Plaintiff-Petitioner, who is the decree holder, is suffering a lot. The Petitioner, therefore, finding no other alternative, has filed this CMP.
Considering the submission made by Mr. Mohapatra, learned counsel for the Petitioner and on perusal of the record, it appears that the Appellant-Opposite Party No.1 had, in fact, taken some adjournments to comply with the direction of the learned appellate Court.
However, it is submitted that requisites for issuance of notice to the legal heirs of Respondent No.7 has already been filed and the matter is posted in the month of February, 2024 for SR and PA.
Since the Appeal is of the year 2018, learned appellate Court should make its best endeavour to see that it is disposed of at an early date, if there is no legal impediment. Parties are directed to cooperate with learned appellate Court for early disposal of the Appeal.
Learned appellate Court is also at liberty to take coercive measure against the parties in accordance with law for not cooperating for early disposal.
With the aforesaid observation the CMP is disposed of.
Urgent certified copy of this order be granted on proper application.
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