Anheuser Busch Inbev India Pvt. Ltd. v. Manoj Kumar Jena
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Heard Mr. B.R. Behera, learned counsel for…
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CMP NO. 49 OF 2021
- 15.02.2021 Heard Mr. B.R. Behera, learned counsel for the Petitioner through virtual mode.
The Petitioner in this CMP prays for a direction to the learned Civil Judge (Junior Division), Kujang for early disposal of CMA No. 57 of 2020 filed under Order 39 Rule 2(A) C.P.C. under Annexure-5.
In course of hearing, Mr. Behera, learned counsel for the Petitioner drew attention of this Court to the order dated 15.10.2020 passed by learned Civil Judge (Junior Division), Kujang in CMA No. 56 of 2020, which reads as under:
“Counsel for the petitioner/Plaintiff is present. Counsel for the OP is absent as he refused to receive the copy. Heard the counsel for the petitioner. Perused the case record as per order dtd. 30.03.2010 status-quo is to be maintained by both the parties over the suit property till the disposal of the suit was passed. The suit is pending and the order dtd. 30.03.2010 is still ignorce. Keeping in view the whole facts and circumstances, the DA is directed to issue letter to the concerned IIC to see that the order dtd. 30.03.2010 passed in IA 129/09 is not violated. PO is on leave.”
Due to non-compliance of the said order, learned Civil Judge (Junior Division), Kujang vide his letter dated 15.10.2020 (Annexure-4) directed the I.I.C., Paradeep P.S. to comply with the direction dated 30.03.2010 issued in I.A. No. 129 of 2009 (arising out of C.S. No. 131 of 2009). It is
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his submission that in spite of the said order, the I.I.C., Paradeep P.S. is not taking any action on the same.
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