The High Court of Orissa disposed of the C.M.P. by directing the Civil Judge at Jagatsinghpur to conclude Civil Suit No. 416/2021 within one year and prohibiting the petitioner from taking unnecessary adjournments.
Directive to conclude Civil Suit No. 416/2021 within one year; prohibition on unnecessary adjournments by petitioner.
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IN THE HIGH COURT OF ORISSA AT CUTTACK C.M.P. No.314 of 2022
Arun Kumar Maity
Petitioner(s)
Mr. N. Biswal, Advocate
-versus-
Barun Kumar Maity & Ors.
…. Opposite Party(s)
CORAM: JUSTICE BISWANATH RATH
ORDER
26.04.2022
Order No.
“ It is therefore, humbly prayed that this Hon’ble Court may be graciously pleased to admit the C.M.P. petition and after hearing both the sides may be pleased to issue Writ of Mandamus/certiorari or any other Writ or direction which will be deem fit and proper to this case by directing before Learned Civil Judge (Senior Division) Jagatsinghpur for early disposal of Civil Suit bearing No.416/2021 within a stipulated period; And pass any other order/ orders as would be deemed fit and proper.”
2. Considering the submission made by the learned counsel for Petitioner, this Court directs, in the event pleadings in C.S. No.416 of 2021 are already completed, all attempt shall be made by the learned Civil Judge (Sr. Divn.), Jagatsinghpur to conclude the proceeding vide C.S. No.416 of 2021 at least within a period of one year from the date of communication of an authenticated copy of this order by the Petitioner. Petitioner is prohibited from taking any unnecessary adjournment in the Court below.
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// 2 //
Ayaskanta Jena
3. The Civil Miscellaneous Petition stands disposed of with the above direction.
(Biswanath Rath)
Judge
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2 issues framed by the court
Whether the High Court can direct the Civil Judge to conclude the pending Civil Suit within one year.
Whether the petitioner shall be prohibited from taking unnecessary adjournments in the Court below.
1 provisions across 1 enactments
Arun Kumar Maity
Barun Kumar Maity
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
