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Sita Devi @ Sita Malik Vs Kanhu Sahoo — Civil Procedure and Limitation | Orissa HC (2022)

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Orissa HC
2022
Sita Devi @ Sita Malik Vs Kanhu SahooSita Devi @ Sita Malik v. Kanhu Sahoo

Disposed

Sita Devi @ Sita Malik v. Kanhu Sahoo

Orissa HC15 Nov 2022WP(C)/28953/2022

Case brief

AI extract

What is this about?

The single-judge bench of Justice K.R. Mohapatra heard a writ petition seeking early disposal of a Motor Accident Claim (MAC No. 278 of 2019). The Court found the matter not ready for hearing and disposed of the petition with directions to file an application invoking Order 1 Rule 10 CPC in the future.

What did the court decide?

The writ petition has been disposed of with an observation that the parties are at liberty to apply for early disposal if the matter becomes ready for hearing.

What the court decided

AI extract

Outcome

The writ petition has been disposed of with an observation that the parties are at liberty to apply for early disposal if the matter becomes ready for hearing.

Issue for consideration

Whether directions for early disposal of a Motor Accident Claim can be issued when the matter is not yet ready for hearing. +1 more

Detailed headnote1 paragraphs

This order adjudicates a Writ Petition (C) seeking directions for the early disposal of a Motor Accident Claim pending before the Third M.A.C.T. The Court held that since the matter was not ready for hearing, no direction for early disposal under Section 166 of the Motor Vehicles Act, 1988 could be issued. The petition was disposed of with liberty to file an application for early disposal stating reasons if the matter becomes ready.

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.28953 OF 2022

Sita Devi @ Sita Malik and another

.... Petitioners

Ms. Sasmita Nayak, Advocate

-versus-

Kanhu Sahoo and another

…. Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

15.11.2022

This matter is taken up through hybrid mode.

The Petitioners in this writ petition prays for a direction to dispose of MAC No. 278 of 2019 pending before learned 3^rd M.A.C.T., Khurda, Bhubaneswar at an early date.

It is submitted by learned counsel for the Petitioners that an application under Order 1 Rule 10 C.P.C. has been filed by the present Petitioners to implead their married daughter and son as parties to the claim petition. As they refused to receive the copy, it has been sent through registered post. In the process, the matter is lingering for which the Petitioners are highly prejudiced.

Considering the submission made by learned counsel for the Petitioners, this Court finds that the matter is not ready for hearing. Hence, no direction for early disposal of MAC No. 278 of 2019 filed under Section 166 of the Motor Vehicles Act, 1988 can be issued.

Page 1 of 2

// 2 //

In view of the above, this writ petition is disposed of with an observation that if the matter is ready for hearing, the Petitioners are at liberty to file an application for early disposal of the same stating the reasons therein. In that event, learned Tribunal shall consider such application for early disposal of MAC No. 278 of 2019 in accordance with law and proceed with the matter accordinlgy.

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

(K.R. Mohapatra) Judge

bks

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether directions for early disposal of a Motor Accident Claim can be issued when the matter is not yet ready for hearing.
2.
Whether the petition can be disposed of if the impleaded parties refused to receive copies.

Parties & counsel

AI extract

petitioner
Sita Devi @ Sita Malik and another
respondent
Kanhu Sahoo and another

Coram

AI extract

K.R. Mohapatra

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 15 Nov 2022 · November
Registered: 1 Nov 2022
Case no.: WP(C)/28953/2022
CNR: ODHC010741532022
Topic: Civil Procedure and Limitation
Bench: K.r.mohapatra
Disposal: Disposed Off

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Cite this judgement

Sita Devi @ Sita Malik v. Kanhu Sahoo, WP(C)/28953/2022 (OD), decided on 15 November 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