Court disposed of CMP seeking direction for early disposal of pending appeal and Limitation Act petition, ordering lower court to consider condonation petition expeditiously within four weeks.
Direction to lower court to consider Limitation Act petition expeditiously and dispose of appeal within four weeks of notice.
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CMP No. 466 of 2020
Heard Mr. B.K. Behera, learned counsel for the
petitioner.
The petitioner in this this CMP prays for a direction for early disposal of RFA No. 02 of 2017 pending in the Court learned Additional District Judge, Kantabanji.
Mr. Behera, learned counsel for the petitioner submits that although the appeal has been filed since 2017 along with a petition for condonation of delay under Section 14 of the Limitation Act, 1963, the same has not yet been taken up for consideration for which the petitioner is seriously prejudiced.
Taking into consideration the submission made by Mr. Behera, learned counsel for the petitioner, this Court without expressing any opinion on the merits of contention raised, disposes of the CMP with a direction that on production of an authenticated copy of this order, learned Additional District Judge, Kantabanji shall do well to consider the petition stated to have been filed under Section 14 of the Limitation Act expeditiously and shall make an endeavour for early disposal of the said petition within a period of four weeks from the date the notice becomes sufficient on the respondents.
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.
bct
..………………………….
K.R. Mohapatra, J.
1 issue framed by the court
Whether court should direct lower court to expeditiously consider Limitation Act petition and dispose early.
1 provisions across 1 enactments
Petitioner
Addl. District Judge, Kantabanji
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
