Sushree Rath Vs Subhashree Rout@Selvarajoo — Orissa HC (2025) — LawSathi Research

Sushree Rath Vs Subhashree Rout@Selvarajoo — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

CMP disposed of with a conditional direction: upon the Petitioner filing an application for early disposal of FAO No.81 of 2021 within two weeks stating grounds therein, the learned appellate court shall consider it as expeditiously as possible, preferably within two weeks therefrom, and proceed with the appeal making an endeavour for early disposal, if there is no legal impediment.

Issue for consideration

Whether this Court should direct the learned 2nd Additional District Judge, Cuttack to dispose of FAO No.81 of 2021 at an early date, the appeal concerning a receiver application being ready for hearing but standing repeatedly adjourned.

Court's answer

Since the appeal has been filed against the order of rejection of an application under Order XL Rule 1 CPC (a matter relating to appointment of a receiver involving urgency), the learned 2nd Additional District Judge, Cuttack should have made an endeavour for early disposal of the appeal, if there is no legal impediment.

Ratio / Principle

Without expressing any opinion on the merits of the Petitioner's case, the Court disposed of the CMP with a direction that on the Petitioner filing an application for early disposal of FAO No.81 of 2021 within two weeks, stating the grounds therein, the learned appellate court shall consider such application expeditiously, preferably within two weeks therefrom, and proceed with the appeal making an endeavour for early disposal if there is no legal impediment.

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (K.R. Mohapatra, J.), 08.01.2025 - CMP No.1153 of 2024, Sushree Rath v. Subhashree Rout @ Selvarajoo and another: The petitioner sought a direction to the learned 2nd Additional District Judge, Cuttack for early disposal of FAO No.81 of 2021, her appeal against an order rejecting an application under Order XL Rule 1 CPC (appointment of receiver), which she urged involved urgency. On perusal of the appeal's order sheet (Annexure-5), the Court found the appeal ready for hearing yet adjourned to different dates at least from 27 June 2022, and held that, the appeal challenging rejection of an Order XL Rule 1 CPC application, an endeavour for early disposal should have been made absent legal impediment. Without expressing any opinion on the merits, the Court disposed of the CMP, directing that on the petitioner filing an application for early disposal within two weeks, stating grounds therein, the appellate court should consider it expeditiously - preferably within two weeks therefrom - and proceed with the appeal endeavouring early disposal.

Signature Not Verified

Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 09-Jan-2025 12:37:19

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO.1153 OF 2024

Sushree Rath

…. Petitioner

Mr. Arun Kumar Patra, Advocate

-versus-

Subhashree Rout @ Selvarajoo and another

…. Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

08.01.2025

This matter is taken up through hybrid mode.

This CMP has been filed for a direction to learned 2^nd Additional District Judge, Cuttack to dispose of FAO No.81 of 2021 at an early date.

Mr. Patra, learned counsel for the Petitioner submits that FAO No.81 of 2021 has been filed by the Petitioner against an order rejecting an application under Order XL Rule 1 CPC. Although, the Appeal is ready for hearing, learned Appellate Court is adjourning the matter to different dates without disposing of the case. Since the matter relates to appoint of receiver, it involves urgency. Hence, learned trial Court should have made an endeavour for early disposal of the same.

Taking into consideration the submission made by learned counsel for the Petitioner and on perusal of order sheet of FAO No.81 of 2021 enclosed to the CMP as Annexure-5, it is apparent that the Appeal is ready for hearing and is being adjourned to different dates for that purpose only, at least from 27^th June, 2022. Since the Appeal has been filed against the order of rejection of an application under Order XL Rule 1 CPC, endeavour should have been made by learned 2^nd Additional District Judge, Cuttack for early disposal of the same, if there is no legal impediment.

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Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 09-Jan-2025 12:37:19

In that view of the matter, this Court, without expressing any opinion on the merits of the case of the Petitioner, disposes of this CMP with a direction that on filing of an application for early disposal of FAO No.81 of 2021 within a period of two weeks hence stating the grounds therein, learned appellate Court shall do well to consider such application as expeditiously as possible preferably within a period of two weeks therefrom and proceed with the Appeal making an endeavour for early disposal of the same, if there is no legal impediment.

Rojalin

(K.R. Mohapatra) Judge

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