Dismissed

Renubala Behera v. Deputy Registrar, Judical, High Court of Orissa, Cuttack

Orissa HC10 Feb 2023WP(C)/711/2023

Case brief

AI extract

What is this about?

Writ petition filed for modification of an order directing court motion in a suit. Court noted record was sent to Additional District Judge for civil revision, directed record return to originating court, and dismissed the petition without interfering with the impugned order.

What did the court decide?

Petition disposed of without interference; record directed to be returned to trial court for expeditious disposal.

Renubala Behera Vs Deputy Registrar, Judical… — Civil Procedure and Limitation | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO.711 OF 2023

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Renubala Behera and another …. Petitioners

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None

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-versus-

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…. Deputy Registrar, Judicial, High Court Opp. Parties of Orissa, Cuttack and another

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Mr. A.R. Dash, Additional Government Advocate

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

10.02.2023

This matter is taken up through hybrid mode.

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None appears for the Petitioners at the time of call.

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Seen the report of the Registrar (Judicial) along with enclosures. The same be kept on record.

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This CMP has been filed for modification of the order dated 23^rd October, 2021 passed by learned Civil Judge (Senior Division), Salipur in T.S. No. 131 of 1998, whereby he directed to issue Court motion to all the parties fixing 30^th November, 2021 for their appearance and for taking steps for further proceeding of the suit.

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From the report of Registrar (Judicial), it appears that T.S. No.131 of 1998 is at present pending before learned Civil Judge (Senior Division) Salipur and the original case record has been submitted to the court of learned Additional District Judge, Salipur for reference in Civil Revision Case No.9 of 2022.

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In view of the above, it is directed that learned Additional District Judge, Salipur keeping the photocopy of the

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Page 1 of 2

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// 2 //

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said original case record shall send back the same immediately to the Court of learned Civil Judge (Senior Division), Salipur. Upon receipt of the record, learned Civil Judge (Senior Division), Salipur shall take up the matter forthwith and see that the suit is disposed of at an early date without granting liberal/long adjournment, if there is no other legal impediment. Parties should cooperate with learned trial Court for early disposal of the suit.

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In view of such direction, this Court without interfering with the impugned order passed by learned Civil Judge (Senior Division), Salipur in T.S. No.131 of 1998 disposes of this writ petition accordingly. It is further directed learned Additional District Judge, Salipur shall dispose of Civil Revision Case No.9 of 2022 expeditiously.

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

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bks

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(K.R. Mohapatra) Judge

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Renubala Behera v. Deputy Registrar, Judical, High Court of Orissa, Cuttack

Case brief

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Renubala Behera v. Deputy Registrar, Judical, High Court of Orissa, Cuttack

Case brief

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