Dismissed

Rushyamitra Subudhi v. Nirakar Subudhi

Orissa HC11 Jan 2021WP(C)/10485/2019

Case brief

AI extract

What is this about?

In this composite order disposing a writ petition, the High Court did not examine the merits but directed the Family Court, Nayagarh, to dispose of Interlocutory Application No.25 of 2017 prior to taking up C.P. No.69 of 2017. Parties were directed to avoid unnecessary adjournments.

What did the court decide?

Direction to Family Court, Nayagarh to dispose of Interlocutory Application No.25 of 2017 prior to taking up C.P. No.69 of 2017.

Rushyamitra Subudhi Vs Nirakar Subudhi — Civil Procedure and Limitation | Orissa HC (2021)

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W.P.(C) No.10485 of 2019

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08 11.01.2021

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This matter is taken up through Video Conferencing because of COVID-19 Pandemic.

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Heard Mr.Amitav Tripathy, learned counsel for the petitioner and Mr. P.K. Nanda, learned counsel for the opposite party.

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In the aforesaid writ petition, the petitioner has inter alia challenged the order dated 29.04.2019 passed in C.P. No.69 of 2017 pending before the learned Judge, Family Court, Nayagarh.

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It appears that the learned Judge, Family Court, Nayagarh vide order dated 29.04.2019 has refused to grant stay the further proceeding in C.P. No.69 of 2017 in pursuance to the order passed by this Court in TRP(C) No.73 of 2017 dated 12.05.2017.

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Learned counsel for the petitioner submits that if direction would be issued to the learned Judge, Family Court, Nayagarh to dispose of Interlocutory Application No.25 of 2017 prior to taking up the C.P. No.69 of 2017, then the grievance of the petitioner shall be redressed.

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Mr. P.K. Nanda, learned counsel for the opposite party, however has no objection to that course of action, rather prays for early disposal of the aforementioned proceedings.

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Considering the submissions made by the learned counsel for the parties and without delving into the merits of

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the case, the writ petition is disposed of with a direction that the learned Judge, Family Court, Nayagarh shall do well to make endeavour to dispose of Interlocutory application No.25 of 2017 prior to taking up C.P. No.69 of 2017 as expeditiously as possible. Respective parties are directed not to seek unnecessary adjournment except on unavoidable circumstances and co-operate to the learned Judge, Family Court, Nayagarh in timely disposal of the aforesaid proceedings.

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As restrictions are continuing due to COVID-19 Pandemic, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice no.4587 dated 25.03.2020.

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P. Patnaik, J.

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……..…..…………

Rushyamitra Subudhi v. Nirakar Subudhi

Case brief

What is this about?

What did the court decide?

Rushyamitra Subudhi v. Nirakar Subudhi

Case brief

What is this about?

What did the court decide?

What the court decided

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