Petitioner challenged rejection of interim injunction application. Court directed lower court to dispose of application within one month subject to hearing.
Direction to Civil Court to dispose of pending injunction application within one month of certified copy.
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CMP NO. 51 OF 2021
This CMP has been filed assailing the order dated 8th October, 2020 (Annexure-3) passed by learned Civil Judge (Junior Division), Jagatsinghpur in I.A. No. 257 of 2020 (arising out of C.S. No. 330 of 2020) rejecting an application under Order XXXIX Rule 3 C.P.C. filed by the Plaintiff-Petitioner.
In course of hearing, Mr. Swain, learned counsel for the Petitioner submits that since the Opposite Parties to the I.A. No. 257 of 2020 have already entered appearance, interest of justice will be best served, if a direction is issued for early disposal I.A. No. 257 of 2020 filed under XXXIX Rules 1 and 2 C.P.C..
Taking into consideration the submission of Mr. Swain, learned counsel for the Petitioner and the fact that the petition filed under Order XXXIX Rules 1 and 2 C.P.C. should be adjudicated at the earliest, this Court disposes of this CMP with a direction that learned Civil Judge (Junior Division), Jagatsinghpur shall do well to consider the I.A. No. 257 of 2020 as expeditiously as possible preferably within a period of one month from the date of production of certified copy of this order, giving opportunity of hearing to
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the parties concerned, if the matter is otherwise ready and there is no legal impediment in adjudicating the said petition.
Urgent certified copy of this order be granted as per rules.
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K.R. Mohapatra, J.
bks
2 issues framed by the court
Whether civil court should expeditiously dispose interim injunction application?
Whether direction for early disposal of Injunction application is in public interest?
2 provisions across 1 enactments
Petitioner
Opposite Parties
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
