Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.342 of 2025 Saraswati Sahoo ..... Petitioner
Represented by Adv. - Kshirod Kumar Pahil -versus- Jagabandhu Moharana & Ors. ..... Opposite Parties
Represented by Adv. -
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 03.07.2026
Order No.
02.
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein.
3. By filing the present CMP application under Article 227 of the Constitution of India, the defendant No.16 in C.S No.554 of 2017 pending in the court of learned Civil Judge (Senior Division), Jajpur has approached this Court with a prayer for a direction to the learned trial court to expedite the suit and to conclude the same as expeditiously as possible.
4.
Learned counsel for the Petitioner, at the outset, contended that the Opposite Parties, as plaintiffs, filed a suit for partition and for other ancillary reliefs. Learned counsel for the Petitioner further contended that although the suit was filed in the year 2017, however, the same is still pending at the hearing stage. He further contended that in the meantime almost 9 years have elapsed and
Page 2 of 2. the suit has not been disposed of. He further contended that the suit involves the question of partition of ancestral property, any delay would cause injustice to both the plaintiffs as well as the defendants.
5. Taking into consideration the submissions made by learned counsel for the Petitioner, this Court deems it proper to dispose of the present CMP application by granting liberty to the petitioner to approach the learned trial court by filing an application for early disposal of the suit. In the event any such application is filed, the learned trial court shall do well to consider such prayer subject to the pendency of the year-old cases as well as the convenience of the court and make every endeavour to dispose of the suit as early as possible, preferably, within a period of one year.
6. With the aforesaid observations/ directions, the CMP application stands disposed of.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer