Disposed

Niranjan Amant v. Bilash Naik

Orissa HC18 Mar 2024CMP/199/2024

Case brief

AI extract

What is this about?

Responding to a Common Petition No. 199 of 2024 filed by the petitioner seeking early disposal of CS No. 385 of 2016 (an eviction suit) pending in Angul, the Court directed the trial judge to entertain the petitioner's application for early disposal if no legal impediment exists and directed parties to cooperate.

What did the court decide?

Direction to the trial court to entertain the petitioner's application for early disposal of the suit if there is no legal impediment and direction to parties to cooperate.

Niranjan Amant Vs Bilash Naik — Civil Procedure and Limitation | Orissa HC (2024)

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 19-Mar-2024 18:42:07

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO.199 OF 2024

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Niranjan Amant …. Petitioner

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Mr. Suraj Mohanty, Advocate

-versus-

Bilash Naik

…. Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

18.03.2024

This matter is taken up through hybrid mode.

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This CMP has been filed for early disposal of CS No.385 of 2016 pending in the Court of learned Senior Civil Judge, (LR & LTV), Angul.

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Mr. Mohanty, learned counsel for the Petitioner submits that the suit was posted to 17^th April, 2023 on which date, learned trial Court observing that the evidence of the Plaintiff has been closed since 27^th August, 2019 and that the Defendants are debarred from further participating in the hearing of the suit posted to 10^th May, 2023 for argument. Since then, the suit is being adjourned on petitions filed by the Defendants without proceeding to hear the argument.

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Mr. Mohanty, learned counsel for the Petitioner submits that there is no legal impediment for early disposal of the suit. Since the suit is for eviction of the Defendant-Opposite Party, it should be disposed of at the earliest.

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Taking note of the submission made by learned counsel for the Petitioner, this Court disposes of this CMP with a direction that on filing of an application by the Plaintiff-Petitioner for early

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Page 1 of 2

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Signature Not Verified

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// 2 //

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Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 19-Mar-2024 18:42:07

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disposal of the suit, stating the grounds therein, learned trial Court should entertain the application and proceed with the matter accordingly, if there is no legal impediment.

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Parties are directed to cooperate with learned trial Court for early disposal of the suit.

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

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(K.R. Mohapatra) Judge

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Rojalin

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Niranjan Amant v. Bilash Naik

Case brief

What is this about?

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Niranjan Amant v. Bilash Naik

Case brief

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