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2026 DAILYLAW 12290 (ORI)

BHIMSEN OJHA v. SAMUEL DEBASIS JAMES

CMP/421/2026 · 2026-03-11

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.421 of 2026 Bhimsen Ojha & Anr. ..... Petitioners Represented by Adv. - Satrughna Dash (a) -versus- Samuel Debasis James & Anr. ..... Opposite Parties Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 11.03.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners. Perused the CMP application as well as the prayer made therein. 3. By filing the present application under article 227 of the Constitution of India, the plaintiff in C.S. No.793 of 2017, pending before the learned 4th Additional Civil Judge (Sr. Div.) Cuttack has approached this Court for a direction to the learned trial court to dispose of the suit at an early stage. 4. Learned counsel for the Petitioners, at the outset, contended that although the suit is of the year 2017, however in the meantime the evidence from both sides is closed. He further submitted that the arguments on behalf of the plaintiff have also been concluded. However, no further date has been fixed for hearing the arguments of the defendant. Being aggrieved by such delay in disposal of the suit, the plaintiff has approached this Court by filing the present CMP Page 2 of 2. application. 5. Taking into consideration the grievance of the Petitioners as involved in the present CMP application, this Court is of the view that the Court of 4th Additional Civil Judge (Sr. Div.) Cuttack is presently encumbered with several years-old cases. Further, taking into consideration the fact that the suit has already reached the stage of argument, liberty is granted to the Petitioners to move the learned trial court for fixation of an early date for hearing the arguments on behalf of the defendant. In such eventuality, the learned trial court shall ensure that the suit is disposed of as expeditiously as possible. 6. With the aforesaid observations and directions, the CMP application stands disposed of. (A.K. Mohapatra) Judge Rubi