p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 509 of 2025 1. Smt. Bimala Devi Passasry @ Bimla Devi Passary 2. Smt. Sushila Arya 3. Smt. Sumitra Gupta 4. Smt. Sunita Modi ….. Petitioners Mr. Maheswar Mohanty, Advocate -versus- Sri Surendra Agarwal and 41 others ….. Opposite Parties CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 07.04.2025 Order No. 01. (Through hybrid Mode) 1. This C.M.P. has been filed by the plaintiffs with a prayer to direct the learned Senior Civil Judge, Rourkela to dispose of C.S. No. 55 of 2019 within the time stipulated by this Court. 2. Mr. Maheswar Mohanty, learned counsel for the petitioners submits that the petitioners are the plaintiffs in the court below and the suit has been filed for the following reliefs: “1. To declare joint right, title and interest of plaintiff and defendant No. 1, 2 & 4 over schedule A & B. Land and house standing those on 2. To declare that by virtue of the will executed by Srilal the Plaintiff and Defendant 1,2,5,6 and 15 to 18 are entitled to get the benefits of the suit land and house as its beneficiaries. Page 2 of 3 3. The regd. Gift deed/sale deed executed by KailashChandaraNathbe declared as null and void and not binding on the plaintiff and further to declare that by that Gift deed vide no.2640/2005 defendant No.5 & 6 have not become the title holder. As such they have no right to sell the gifted land to defendant no38by the sale deed bearing No.354Dt.22.02.2013 in the office of Sub-register Panposh. Sale deed executed for the flats over the schedule A& B land by them vide deedsmentioned in Schedule C illegal and void and the purchasers have not derived title over that Flats vide deeds. 4. To declare the power of attorney executed by pawan Agarwal and Narayan Agarwal vide deed no.383 Dt.2003office of sub- register panposhto K.C.Nathasillegal void, Since they have no right and title over the property. 5. To declare the registered sale deed executed bearing no.1119/2007 of the office of sub- registerPanposh.by defendant No.1 and 2 in favour of M/s. Meridian Buildtech (p) Ltd. Uditnagaras illegal and void and same be declared as not binding on the plaintiff 6. To pass decree of recovery of possession the schedule A & B land and the flats thereon from the purchaser the same be given jointly to plaintiff and defendant No.1 to 4 through court by evicting the defendant who are not the legal heirs of Srilal from that land and house. 7. To pass a decree restraining Defendant no.1,2,19,24,34 & 35 from evicting the plaintiffs from Flat no.3A, 3B &30 of third floor and flat no. 4B of 4th floor of Shree Complex over the suit land.” p. 3 3. Mr. Mohanty, learned counsel for the petitioners submits that plaintiff no.1 who is looking after the case on behalf of the other plaintiffs is 78 years old. The plaintiffs no.2 and 3 are also aged above 70 years. He further submits that in spite of the suit being ready for disposal, it is being adjourned. In response to a query of this Court, he fairly submits that evidence in the suit has not started and the case has been delayed due to service of notice on the defendants who are 42 in number. 4. Considering the submission of the learned counsel and as no documents have been filed to indicate the present status of the suit, I am of the view that no direction can be issued at this stage to the learned trial court for early disposal of the suit. 5. The CMP is accordingly disposed of. (Savitri Ratho) Judge puspa Designation: Personal Assistant