Writ petition challenging rejection of summary application was disposed of. The High Court directed the trial court to conclude Civil Suit No.1097 of 2011 by end of September 2016 to serve ends of justice, keeping an interim order in place.
Directed the trial court to conclude Civil Suit No.1097 of 2011 by end of September 2016.
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W.P.(C) No.4194 of 2012
20.6.2016
This writ petition has been filed to lacinate the order dated 13.2.2012 passed by the
learned Civil Judge (Sr.Division), Balasore in Civil Suit No.1097 of 2011, whereby and whereun
der, the learned trial court rejected the application filed by the plaintiffs under Order 38 R
ule 5 C.P.C.
Heard learned counsel for the petitioners and learned counsel for opposite par
ty no.1.
While issuing notice, a Bench of this Court on 15.3.2012 passed an interim ord
er to the effect that half of the service benefit amount lying with opposite party nos.2 to 4
shall not be disbursed in favour of opposite party no.1. The said order is still continuing.
In view of the fact that the said interim order is continuing till today, ends
of justice would be best served, if the trial court is directed to conclude the hearing of Ci
vil Suit No.1097 of 2011 by end of September, 2016.
Order accordingly.
The petition is disposed of.
The interim order passed by this Court shall continue till disposal of the sui
t.
Dr.A.K.Rath, J.
1 issue framed by the court
Whether the trial court should be directed to conclude the hearing of the suit by end of September 2016.
1 provisions across 1 enactments
Petitioner(s)
Opposite party no.1
Opposite party no.2 to 4
A.K.Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court