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Narayan Karmi Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2022)

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Orissa HC
2022
Narayan Karmi Vs State of OdishaNarayan Karmi v. State of Odisha

Disposed

Narayan Karmi v. State of Odisha

Orissa HC22 Aug 2022CMP/794/2021

Case brief

AI extract

What is this about?

CMP disposed of as infructuous because auction notice became void without bidders. Court directed trial court for early disposal of underlying suit.

What did the court decide?

CMP disposed of as infructuous with observation to trial court for early disposal of suit.

What the court decided

AI extract

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO. 794 OF 2021

Narayan Karmi ….. Petitioner

Mr. S. Sourav, Advocate -versus-

State of Odisha and others

…. Opp. Parties

Mr. Suvashish Pattanaik, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

22.08.2022

Parties & counsel

AI extract

petitioner
Narayan Karmi
respondent
State of Odisha

Coram

AI extract

K.R. Mohapatra

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 22 Aug 2022 · August
Registered: 28 Dec 2021
Case no.: CMP/794/2021

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Cite this judgement

Narayan Karmi v. State of Odisha, CMP/794/2021 (OD), decided on 22 August 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

K.R. Mohapatra

Parties & counsel

Outcome

CMP disposed of as infructuous with observation to trial court for early disposal of suit.

Detailed headnote1 paragraphs

The public complaint against an order dismissing an appeal on interim stay regarding auction of suit property was disposed of on the ground that the auction notice issued pursuant to subsequent order became infructuous as no one participated in the auction. The court observed that the trial court should endeavor for early disposal of the underlying suit.

A compact analysis

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.

I.A. No. 773 of 2022

This matter is taken up through hybrid mode.

This I.A. has been filed for stay of auction pursuant to the notice dated 5^th July, 2022 annexed to the I.A. as Annexure-A/1.

It is submitted by Mr. Sourav, learned counsel for the Petitioner that no one has participated in the said auction pursuant to the notice dated 5^th July, 2022 (Annexure-A/1). Hence, the I.A. has become infructuous.

In view of such submission, the I.A. is disposed of as infructuous.

(K.R. Mohapatra) Judge

CMP NO. 794 OF 2021

1. This CMP has been filed assailing the order dated 30^th September, 2021 passed by learned 2^nd Additional District Judge, Bolangir in FAO No. 11/13 of 2012-17, whereby he

Page 1 of 2

// 2 //

dismissed the appeal filed under Order XLIII Rule 1(r) C.P.C. The said FAO arose out of the order dated 17^th September, 2012 passed by learned Civil Judge (Senior Division), Bolangir in I.A. No. 51 of 2012 (arising out of C.S. No.147 of 2007) filed under Order XXXIX Rules 1 and 2 C.P.C. with a prayer to restrain the Defendant No.3-Opposite Party No.3 including State functionaries from proceeding with the auction of suit sairat.

Since the subsequent auction notice has already been issued pursuant to the order dated 5^th July, 2022, the auction notice in question in I.A. No.51 of 2012 has become infructuous. Hence, this CMP which arises out of the order passed in the said I.A. has become infructuous.

Accordingly, this CMP is disposed of with an observation that learned trial Court should make an endeavour for early disposal of C.S. No.147 of 2007, if there is no legal impediment. Parties are directed to cooperate with learned trial Court for early disposal of the suit. The Petitioner, if so advised, may move learned trial Court for any interim protection, if fresh cause of action arises.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge

bks

Page 2 of 2

CNR

ODHC010884962021

Topic

Civil Procedure and Limitation

Bench

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