Disposed

Bantaligram Co-Operative Society v. Ratnakar Pradhan

Orissa HC25 Jul 2022CMP/618/2022

Case brief

AI extract

What is this about?

This is a Continuing Misc. Proceedings (CMP) filed by a Co-operative Society for early disposal of a civil suit. The Court directed the trial court to avoid liberal adjournments and dispose of the matter expeditiously if no legal impediment exists.

What did the court decide?

Directions issued for early disposal of C.S. No. 197 of 2017/10 of 2017 by avoiding unnecessary adjournments.

Bantaligram Co-Operative Society Vs Ratnakar… — Civil Procedure and Limitation | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO. 618 OF 2022 Bantaligram Co-operative Society ..... Petitioner Mr. Sarathi Jyoti Mohanty, Advocate

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-versus-

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Ratnakar Pradhan and others

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…. Opp. Parties

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CORAM: JUSTICE K.R. MOHAPATRA ORDER 25.07.2022

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Order No.

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This matter is taken up through hybrid mode.

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The Petitioner in this CMP prays for a direction for early disposal of C.S. No. C.S. No.197 of 2017/10 of 2017 pending before learned Civil Judge (Junior Division), Konark.

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Mr. Mohanty, learned counsel for the Petitioner submits that although the matter is posted for adducing evidence on behalf of the Plaintiff, but he is taking repeated adjournments for which the Defendant No.1-Petitioner is highly prejudiced. It is his submission that the suit has been filed for injunction and it is ready for hearing. There is also no legal impediment on the part of the Plaintiff to lead evidence in the matter. Due to repeated adjournments, the suit could not proceed. Hence, the Petitioner finding no other alternative has filed CMP for the aforesaid relief.

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Taking into consideration the submission of learned counsel for the Petitioner and on perusal of the order sheet of C.S. No.197 of 2017/10 of 2017, it appears that the matter was posted to different dates for hearing and lastly on 10^th May, 2022

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for adducing evidence on behalf of the Plaintiff. On the said date, learned counsel for the Plaintiff sought for an adjournment and accordingly, the suit was posted to 12^th July, 2022 for filing of documents, if any, for evidence.

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In view of the above, this Court is of the considered view that when the suit is ready for hearing, learned Civil Judge (Junior Division), Konark should not adjourn the matter liberally. Accordingly, this CMP is disposed of with a direction that learned Civil Judge (Junior Division), Konark shall do well to make an endeavour for early disposal of C.S. No.197 of 2017/10 of 2017, if there is no legal impediment. Parties are directed to cooperate with the learned trial court for its disposal. It is made clear that no unnecessary adjournment shall be given by learned trial court.

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Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge

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bks

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Bantaligram Co-Operative Society v. Ratnakar Pradhan

Case brief

What is this about?

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Bantaligram Co-Operative Society v. Ratnakar Pradhan

Case brief

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