Bimala Devi Passary v. Surendra Agarwal
Case brief
What is this about?
Orissa High Court, Cuttack; CMP No. 522 of 2025; decided 08.04.2025 by Savitri Ratho, J. Petitioners (plaintiffs in C.S. No. 85 of 2019, Senior Civil Judge, Rourkela) sought a direction for disposal of the suit within a stipulated time, citing the advanced age (above 70 years) and ill health of plaintiffs No.1 to 3 and the next posting of 07.05.2025. Court declined the direction as no documents showed the suit's present status or unnecessary adjournments; CMP disposed of with liberty to approach the trial Court for expeditious disposal if defendants adopt dilatory tactics. Suit concerns declaration of title as legal heirs of Shreelal Agarwal, possession, cancellation of sale deed dated 27.05.2017 and relinquishment deed No.399/2007, and injunction.
What did the court decide?
Liberty granted to the plaintiffs to file an application/objection before the learned trial Court for expeditious disposal of C.S. No. 85 of 2019 if the defendants appear to be adopting dilatory tactics; the prayer for a direction to dispose of the suit within a stipulated time was not granted.