Disposed

Jagabandhu Behera v. Sri Sri Lord Lingaraj Mahaprabhu Bbsr

Orissa HC15 Oct 2020CMP/235/2020

Case brief

AI extract

What is this about?

The High Court disposed of a Contempt PIL filed assailing the rejection of a Stay Application. It directed the lower court to adjudicate the pending application under Order XXXIX Rules 1 and 2 CPC within one month and allowed the opposite parties to file objections.

What did the court decide?

The Court directed the Civil Judge, Bhubaneswar, to adjudicate IA No.01 of 2020 under Order XXXIX Rules 1 and 2 CPC within one month and allowed the opposite parties to file objections.

Jagabandhu Behera Vs Sri Sri Lord Lingaraj… — Civil Procedure and Limitation | Orissa HC (2020)

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CMP No.235 of 2020

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15.10.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr.S.S.Jena, learned counsel for the petitioner over phone due to technical snag and Mr.Amiya Kumar Mishra, learned Additional Government Advocate for the State-opposite parties through video conferencing.

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This CMP has been filed assailing the order dated 17.02.2020 passed by the learned Civil Judge (Junior Division), Bhubaneswar in IA No.01 of 2020 arising out CS No.382 of 2020, whereby he rejected an application under Order XXXIX Rule-3 CPC filed in the said IA(under Order XXXIX Rules 1 and 2 CPC).

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Mr. Jena, learned counsel for the petitioner submits that though in the meantime, opposite parties have already entered appearance, they have not filed their show cause and due to their non-cooperation, the petition under Order XXXIX Rules 1 and 2 has not yet been disposed of.

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Taking into consideration the submission of learned counsel for the petitioner, this Court is of the considered view that learned Civil Judge (Junior Division), Bhubaneswar should take expeditious steps for disposal of petition filed under Order-XXXIX Rules 1 and 2 CPC.

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Accordingly, it is directed that the learned Civil Judge (Junior Division), Bhubaneswar shall take up IA No.01 of2020 and adjudicate the same as expeditiously as possible preferably within a period of one month from the date of filing/production of authenticated copy of this order giving opportunity of hearing to the parties.

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6.1 Needless to mention if the opposite parties in IA No.1 of 2020 arising out of CS No.382 of 2020 have not filed their counter/objection to the said IA, they may be given opportunity to file their objection during that period.

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With the aforesaid observation and direction, the CMP is disposed of.

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7.1 An authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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K.R. Mohapatra, J.

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Jagabandhu Behera v. Sri Sri Lord Lingaraj Mahaprabhu Bbsr

Case brief

What is this about?

What did the court decide?

Jagabandhu Behera v. Sri Sri Lord Lingaraj Mahaprabhu Bbsr

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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