Disposed
Prativa Manjari Nayak v. Kulamani Sahu
Orissa HCCMP/19/2021
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CMP NO. 19 OF 2021
03 05.02.2021 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.
Heard Mr. Amitav Das, learned counsel for the petitioner.
This CMP has been filed for a direction for early disposal of RFA No.78 of 2019 stated to be pending before learned District Judge, Mayurbhanj, Baripada.
It is submitted by Mr. Das, learned counsel for the petitioner that the opposite party No.1, namely, Kulamani Sahu has filed the aforesaid RFA assailing the judgment dated 13.11.2019 passed by learned Civil Judge (Senior Division), Udala in C.S. No. 115 of 2014. Although the matter is pending for more than one year, learned District Judge, Mayurbhanj, Baripada is not taking any step for early disposal of the same. It is his submission that the petitioner is a widow of 76 years old and at present, she is admitted to hospital due to her illness. Unless the matter is heard early, she will be highly prejudiced. Hence, he prays for early disposal of the aforesaid RFA.
Upon hearing leaned counsel for the petitioner and on perusal of the order sheet of the RFA annexed to the CMP as at Annexure-3, it appears that the respondent nos. 2 and 3 have not yet entered appearance. However, learned counsel for the petitioner submits that the respondent nos. 2 and 3 are not contesting parties. Be that as it may, it
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appears that the parties to the appeal are not cooperating with learned District Judge, Mayurbhanj, Baripada for early disposal of the appeal. Hence, this CMP is disposed of with a direction that in the event the petitioner files an application before learned District Judge, Mayurbhanj, Baripada for early disposal of the appeal (RFA No.78 of 2019) stating the grounds therein within a period of two weeks, he shall do well to consider the same and make an endeavour for early disposal of the same subject to the condition that the matter is ready for hearing and there is no legal impediment for early disposal of the same.
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.
................................. K.R. Mohapatra, J.
bks
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Kulamani Sahu
K.R. Mohapatra
As recorded by the court registry
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