Chitrasen Samantaray Vs Nilamani Paikray

By filing the present CMP application, the Petitioners who are defendant in the suit have approached this Court for a direction to the learned trial court to dispose of C.S. No.1156 of 2023 pending in the Court of learned Civil Judge (Sr. Divn) (LR & LTV), Bhubaneswar.

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Learned Senior Counsel appearing for the Petitioners, at the outset, contended that the Petitioner No.1, who is aged about 89 years, and the other Petitioners, who are all senior citizens, have approached this Court for a direction to the learned trial court to expedite the hearing of the suit and to conclude the same as expeditiously as possible.

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On a careful consideration of the submission made by Mr.

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Sarangi, learned Senior Counsel for the Petitioners, this Court is of the view that taking into consideration the fact that the Courts, particularly the upon a Civil Judge (Sr. Divn) (LR & LTV), Bhubaneswar is encumbered with many year-old cases, it would not be proper to pass any specific order directing the learned trial court to give preference to the Petitioners’ suit. However, taking into consideration the fact that the Petitioner No.1 is aged about 89 years, this Court grants liberty to the Petitioners to move an application before the learned trial court seeking early disposal of the suit. The learned trial court, subject to its convenience, shall pass necessary orders thereon. Further, the parties are directed to cooperate with the learned trial court and they shall not take any unnecessarily adjournments in the matter.

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