High CourtsSingle Bench(2023) 07 OHC CK 0061

Kusha Kampa @ Kushadhwaj Kampa And Another vs Janmajaya Kampa And Others

Orissa High Court · Decided on 10 July 2023

HON’BLE JUDGES
K.R. Mohapatra, J
RESULT
Disposed Of
CASE NUMBER
CMP No. 682 Of 2023

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Judgment

8 paragraphs · 289 words

K.R. Mohapatra, J

1.

This matter is taken up through hybrid mode.

2.

This CMP has been filed for a direction to learned Civil Judge (Senior Division), Bhawanipatna for early disposal of CS No.158 of 2019 pending before it.

3.

Mr. Panda, learned counsel submits that Defendants in the suit are the Petitioners in this CMP. The suit has been filed for declaration of right, title and interest. Written statement has already been filed by the Defendants since 11th August, 2021. Issues have already been framed in the matter. Due to non-cooperation of the Plaintiffs, the suit is being adjourned to different dates for adducing evidence on behalf of the Plaintiffs. Due to lingering of the suit, Defendants/Petitioners are seriously prejudiced. Hence, this CMP has been filed for the aforesaid relief.

4.

Taking into consideration the submission of learned counsel for the Petitioners, this Court is of the considered opinion that liberal adjournments should not be granted to the Plaintiffs on mere asking for it. Since the matter is already posted for hearing, learned trial Court should make all endeavours to see that the suit is disposed of at an early date, if there is no legal impediment.

5.

Accordingly, the CMP is disposed of with a direction that in the event, Petitioners file an application for early disposal of the suit stating the reasons thereto, learned trial Court shall do well to consider the same and proceed with the matter accordingly. It is made clear that no liberal /long adjournments should be given in the suit to either of the parties. Parties are also directed to cooperate with learned trial Court for early disposal of the suit.

Issue urgent certified copy of the order on proper application.

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