Purandar Sahu v. Prahallad Sahu

CMP No. 385 of 2020

1. 21.12.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

Heard Mr. D.K. Sahoo, learned counsel for the petitioner.

The prayer of the petitioner in this CMP is for a direction for early disposal of C.M.A. No.142 of 2008 filed by the opposite party Nos. 1 and 2 for setting aside the compromise decree.

Mr. Sahoo, learned counsel for the petitioner submits that C.S. No.159 of 2004 was filed by the opposite party Nos.1 and 2 for partition. The said suit was preliminary decreed on compromise between the parties vide judgment dated 12.10.2007 passed by learned Civil Judge, (Senior Division), Angul. In the meantime, the final decree proceeding has been concluded and the opposite party Nos.1 and 2 pursuant to the said compromise decree have received compensation in respect of the land allotted in their favour, as the same was acquired in a land acquisition proceeding. After receiving the compensation in the land acquisition proceeding, the opposite party Nos.1 and 2 filed an application on 22.11.2008 with a prayer to set aside the compromise decree passed in C.S. No.159 of 2004. Due to non-cooperation of the opposite party Nos.1 and 2, the said application is pending for last 12 years. He, therefore, prays for a direction for early disposal of the CMA.

2

Taking into consideration the submission made by learned counsel for the petitioner and on perusal of the order sheet, it appears that the opposite party Nos. 1 and 2 are liberally taking adjournment in the matter. It further appears that the CMP has been transferred to the Court of learned Civil Judge (Senior Division), (LR & LT), Angul on 22.11.2019 and since then, the matter has been adjourned thrice. Hence, this Court is of the considered opinion that learned Civil Judge (Senior Division), (LR & LT), Angul should make an endeavour for early disposal of the said CMA.