Sudhir Bagh v. Secretary,Regulated Market Committee
Case brief
What is this about?
CMP filed seeking direction for early disposal of a lower court maintenance application and maintaining status quo. Court directed filing of early disposal application after sufficient service thereof but declined powers to grant status quo, leaving it to the lower court.
What the court decided
C.M.P. No.10 of 2021
- 04.02.2021 Due to outbreak of COVID-19, this matter is taken up through Videoconferencing.
Heard Mr. Niranjan Lenka, learned counsel for the petitioner.
This CMP has been filed for a direction to learned Civil Judge (Senior Division), Koraput to adjudicate and dispose of C.M.A. No.04 of 2019 (arising out of C.S. No.40 of 2003) at an early date and the petitioner further prays for a direction for maintenance of the status quo till then.
Mr. Lenka, learned counsel for the petitioner in course of hearing submits that notice on the opposite parties to the aforesaid CMA has not yet been made sufficient. However, the petitioner apprehends his dispossession from the suit house for which he has approached this Court with the aforesaid relief.
Taking into consideration the submissions made by Mr. Lenka, learned counsel for the petitioner, this Court is of the considered opinion that since C.M.A. No.04 of 2019 is not ready for hearing, the petitioner is at liberty to file an application for early disposal of the same after notice on the opposite parties to the aforesaid CMA is made sufficient and the matter becomes ready for hearing.
Accordingly, it is directed that in the event the petitioner files an application for early disposal of C.M.A.No.04 of 2019 stated to be pending before learned Civil Judge (Senior Division), Koraput after the matter becomes ready for hearing, he shall do well to consider the same on its own merit and proceed with the matter.
2
Issues for consideration
2 issues framed by the court
Whether the learned Civil Judge should be directed to adjudicate an early disposal application at once.
Whether a prayer for maintenance of status quo can be entertained by this high court.
Parties & counsel
- petitioner
Petitioner
- respondent
Opposite Parties
Coram
K.R. Mohapatra
Case details
As recorded by the court registry
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