Disposed

Bharat Chandra Samal v. Ajaya Kumar Samal

Orissa HC2 Dec 2020CMP/343/2020

Case brief

AI extract

What is this about?

The High Court, via a writ petition, examined impugned orders in a property suit granting status quo. Finding no infirmity, the Court directed the lower civil judge to prioritize early disposal and instructed parties to cooperate.

What did the court decide?

Directed the Civil Judge to consider an application for early disposal and dispose of the suit expeditiously; parties directed to cooperate.

Bharat Chandra Samal Vs Ajaya Kumar Samal — Property and Title | Orissa HC (2020)

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CMP No.343 of 2020

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

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02.12.2020

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Heard Mr. N.P. Patra, learned counsel for the petitioner.

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The petitioner in this writ petition prays for setting aside the order dated 27.01.2020 (Annexure-5) passed by learned District Judge, Kendrapara in FAO No. 53 of 2019, confirming the order dated 22.07.2019 (Annexure-4) passed by learned Civil Judge (Junior Division), Kendrapara in I.A. No.110 of 2019 (arising out of C.S. No.129 of 2019) thereby directing the parties to maintain status quo over the suit land till disposal of the suit.

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Mr. Patra, though made a detailed argument in the matter, but ultimately, prays for a direction to learned Civil Judge (Junior Division), Kendrapara for early disposal of the suit. It is his submission that the contesting defendants have already filed their written statement and the matter is otherwise ready for hearing. He had constructed the house in question up-to lintel level by demolishing his old house, at the time of passing of the order of status-quo under Annexure-4. As such, he is virtually homeless and spending his days with much difficulties along with his family members.

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Taking into consideration the submission made by learned counsel for the petitioner as well as on perusal of the impugned orders under Annexures-4 and

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5, this Court finds that there is no infirmity in the impugned orders under Annexures-4 and 5. However, it is observed that if the petitioner makes an application for early disposal of the suit, the same shall be considered by learned Civil Judge (Junior Division), Kendrapara in accordance with law and he shall proceed with the matter expeditiously and make an endeavour for early disposal of the suit, if there is no legal impediment.

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The parties are directed to cooperate with learned Civil Judge for early disposal of the suit.

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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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..………………………….

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K.R. Mohapatra, J.

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bct

Bharat Chandra Samal v. Ajaya Kumar Samal

Case brief

What is this about?

What did the court decide?

Bharat Chandra Samal v. Ajaya Kumar Samal

Case brief

What is this about?

What did the court decide?

What the court decided

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