High Court disposed of a composite motion challenging a referral to mediation in a partition suit. It ordered disposal on merit if no progress is made in conciliation.
CMP disposed with direction to dispose of suit on merit if mediation fails.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 715 OF 2022
Shyamapada Das
…. Petitioner
Mr. Bhabani Sankar Das, Advocate -versus-
Krushnapada Das
…. Opp. Party
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
19.09.2022
Page 1 of 2
// 2 //
ms
pending before the Chairman, TLSC, Jaleswar. As such, learned trial Court should make an endeavour for early disposal of the suit on merit.
Urgent certified copy of this order be granted on proper
application.
(K.R. Mohapatra)
Judge
Page 2 of 2
3 issues framed by the court
Whether the trial Court erred in referring a partition suit for mediation under Section 89(1) CPC when parties were at loggerheads.
Whether the High Court should interfere without pronouncing opinion on the merits of the underlying suit.
Whether to direct the trial Court to dispose of the suit on merit if mediation is not fruitful.
1 provisions across 1 enactments
Shyamapada Das
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
