Disposed

Rama Chandra Panda v. Bipin Behari Rout

Orissa HC23 Mar 2021CMP/6/2021

Case brief

AI extract

What is this about?

The Supreme Court directed the 2nd Additional Senior Civil Judge, Bhubaneswar, to expedite the disposal of Civil Suit No.203/2007, which has been pending for fourteen years, including an undispersed Order XII Rule 2 application. The petitioners were directed to cooperate for early disposal.

What did the court decide?

Direction issued to the trial court to take up applications at an early date and proceed for early disposal of the suit without unnecessary delay.

Rama Chandra Panda Vs Bipin Behari Rout — Civil Procedure and Limitation | Orissa HC (2021)

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C.M.P. No.6 of 2021

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23.03.2021 Heard Mr. S.S. Parida, learned counsel for the petitioners.

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This CMP has been filed for early disposal of C.S. No.203 of 2007 pending before learned 2^nd Additional Senior Civil Judge, Bhubaneswar.

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Mr. Parida, learned counsel for the petitioners submits that although the suit is pending since 2007, learned 2^nd Additional Senior Civil Judge, Bhubaneswar is not taking any effective step for early disposal of the suit. Even a petition dated 24.06.2013 filed under Order XII Rule 2 C.P.C. has not yet been disposed of. It is his submission that written statement in the suit has already been filed. Thus, learned 2^nd Additional Senior Civil Judge, Bhubaneswar may be directed for early disposal of the suit.

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Heard Mr. Parida, learned counsel for the petitioners. Perused the order sheets annexed to the CMP as at Annexure-3. It appears that a petition dated 24.06.2013 filed under Order XII Rule 2 C.P.C. has not yet been disposed of. It is apparent from the order sheets at Annexure-3 that since 18.09.2018, the suit is being adjourned for some reason or other.

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Taking into consideration the submission made by learned counsel for the petitioners and on perusal of the order sheets as at Annexure-3, this Court is of the considered opinion that learned 2^nd Additional Senior Civil Judge, Bhubaneswar should take prompt action for early disposal of the petitions filed in the suit and proceed for hearing of the suit as in the meantime

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fourteen years have already elapsed from the date of filing of the suit.

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Accordingly, this CMP is disposed of with a direction that on production of certified copy of this order, learned 2^nd Additional Senior Civil Judge, Bhubaneswar shall do well to take up the applications filed in the suit at an early date without making any unnecessary delay and proceed for early disposal of the suit, if there is no legal impediment.

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Parties are directed to cooperate with the Court for early disposal of the suit.

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Urgent certified copy of this order be granted on proper application.

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……..……………………

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K.R. MOHAPATRA,J.

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Rama Chandra Panda v. Bipin Behari Rout

Case brief

What is this about?

What did the court decide?

Rama Chandra Panda v. Bipin Behari Rout

Case brief

What is this about?

What did the court decide?

What the court decided

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