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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Petitioners in this CMP seek to assail the order dated 22nd July, 2023 (Annexure-4) passed by learned Additional Senior Civil Judge, Puri in TS No.286 of 2001, whereby an application filed under Order XXIII Rule 1 CPC to delete certain portion of the pleading with regard to adverse possession, has been rejected.
It is submitted by Mr. Mishra, learned counsel for the Petitioners that the suit has been filed for declaration of right, title, interest and recovery of possession with consequential relief. At the stage of argument of the suit, the Plaintiffs felt it expedient to delete certain portion of the pleading in the plaint with regard to adverse possession. Learned trial Court observing that the suit is at the stage of argument, refused such a prayer. Hence, this CMP has been filed.
It is submitted by Mr. Mishra, learned counsel for the Petitioners that although the petition has been inadvertently filed under Order XXIII Rule 1 CPC, but in essence, it is an application under Order VI Rule 16 CPC to delete unnecessary pleadings. Such a pleading is not necessary for just adjudication of the suit. In order to avoid confusion at the time of adjudication of the suit, the Plaintiffs-Petitioners filed the application as aforesaid. Learned trial Court, without considering the implication of the prayer made in the petition for deletion of the pleading with regard to adverse possession, rejected the same. Thus, the impugned order under Annexure-4 is not sustainable.
Considering the submission made by learned counsel for the Petitioners and on perusal of the record, it appears that the suit is at the stage of argument. The suit is of the year 2001. If the Plaintiffs do not want to rely upon certain pleadings in the plaint, they may advance argument accordingly.
In the instance case, parties have led evidence on the available pleadings. Thus, at this stage, prayer to delete certain pleadings in the plaint with regard to adverse possession will not only delay the disposal of the suit but may also prejudice the Defendants. Hence, this Court is not inclined to interfere with the impugned order under Annexure-4.
Since the suit is of the year 2001, learned trial Court should make its best endeavour to see that the suit is disposed of at an early date in accordance with law. The Plaintiffs, if so advised, may not rely upon the pleadings in the plaint sought to be deleted.
With the aforesaid observation, the CMP is disposed of.
Urgent certified copy of this order be granted on proper application..
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