High Court petition assailing a Civil Judge order allowing completion of a house. Court issued direction for disposal of pending suit by June 2016 to expedite finality given continuing interim stay.
Direction to trial court to dispose of C.S. No.28 of 2006 by end of June, 2016.
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W.P.(C) No.13303 of 2010
17.03.2016
Assailing the order dated 24.7.2010 passed by the learned Civil Judge (Sr. Di
vn.), Jajpur in C.S. No.28 of 2006, the instant petition is filed under Article 227 of the Con
stitution of India. By the said order, learned trial court allowed the application of the plai
ntiff-opposite party no.2 and accorded permission to complete the house situated over the suit
land.
Heard learned counsel for the parties.
While issuing notice, a Bench of this Court on 16.8.2010 in Misc. Case No.1256
4 of 2010 directed that there shall be stay operation of the impugned order. The said order is
still continuing.
In view of the fact that the interim order is still continuing, ends of justic
e would be better served, if a direction be issued to the learned trial court to dispose of C.
S. No.28 of 2006 by end of June, 2016, if the same is pending. Order accordingly.
The interim order shall continue till disposal of the suit. The petition is disposed of.
Dr.A.K.Rath, J.
2
1 issue framed by the court
Whether the High Court should direct the trial court to dispose of the pending civil suit by a specific date in view of a continuing stay order.
2 provisions across 1 enactments
Petitioner
Plaintiff
Opposite party no.2
Dr.A.K.Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court