Sudarsan Sahu v. Lingaraj Samantaray

CMP No.16 of 2021

1. 22.02.2021 Heard Mr.B.S.Panigrahi, learned counsel for the petitioners.

1. This Civil Miscellaneous Petition (CMP) has been filed for a direction to the learned Civil Judge (Senior) Division, Bhubaneswar for early disposal of CMA No.97 of 2017 (arising out of TS No.219 of 1991) filed under Order-IX Rule13 CPC filed by some of the opposite parties.

1. Mr.Panigrahi, learned counsel for the petitioners submits that defendants are opposite parties 21, 17 and 23 respectively in the CMA No.97 of 2017 pending before learned Civil Judge (Senior) Division, Bhubaneswar. The petition is otherwise ready for hearing. Due to non-cooperation of the petitioners in CMA No.97 of 2017 the matter is kept pending and the petitioners who are the purchasers of the suit land are immensely prejudiced. He, however, submits that the petitioners are ready and willing to file an application before the learned Civil Judge (Senior Division), Bhubaneswar for early disposal of CMA No.97 of 2017.

1. Taking into consideration the submission of learned counsel for the petitioners, this Court, without expressing any opinion on merit of the case, disposes of this CMP with an observation that in the event petitioners file an application for early

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disposal of CMA No.97 of 2017 pending before the learned Civil Judge (Senior Division), Bhubaneswar, stating the ground therein, he shall do well to consider the same in accordance with law giving opportunity of hearing to the parties concerned and proceed with the matter accordingly.