Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.320 of 2026 Rabinarayan Das & Ors. ..... Petitioners Represented by Adv. - Akshaya Kumar Sahoo -versus- Keshab Behera & Ors. ..... Opposite Parties Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 16.03.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard Mr.A.K.Sahoo, learned counsel for the Petitioners. Perused the CMP application as well as the prayer made therein. 3. By filing the present CMP application under Article 227, the defendant in CS No.32 of 2016 pending in the court of learned Civil Judge (Junior Division), Kamakhyanagar, has approached this Court, thereby challenging impugned order dated 06.11.2025 passed in the above noted suit, thereby allowing the application of the Plaintiff for appointment of Court Commissioner under Order 26 Rule 9 of the CPC. 4. Learned counsel for the Petitioners at the outset contended that earlier the plaintiff-Opposite Parties approached this Court by filing CMP No.29 of 2018 challenging order dated 13.05.2025 whereby the application of the plaintiff-opposite parties seeking Page 2 of 3. Amendment under Order 6 Rule 17 of the CPC was amended. A coordinate bench of this court vide order dated 13.05.2025 disposed of the earlier CMP without interfering with the impugned order and by specifically holding that such amendment shall not change the nature and character of the suit, and accordingly, the impugned order passed by the learned trial court was set aside. Further, a direction was given to the learned trial court to make every endeavor to dispose of the suit as early as possible, preferably by end of 2025. 5. Learned counsel for the Petitioners at this juncture submitted that although he does not want to press this application at this stage with liberty to raise it at the appropriate stage, however, he further prayed that the present CMP application may be disposed of by directing the learned trial court to dispose of the suit in a time- bound manner as has been directed earlier by this court in the previous CMP application. 6. Taking into consideration the aforesaid submission made by learned counsel for the Petitioners, this court deems it proper to dispose of the present application by granting liberty to the Petitioners to raise the issue of validity of the impugned order dated 06.11.2025 passed in CS No.32 of 2016 at an appropriate subsequent stage including the appeal. Further, taking note of the fact that the suit is of the year 2016 and that the coordinate bench had earlier directed that the learned trial court to make every endeavor to dispose of the suit, this court is inclined to reiterate the same. Accordingly, it is directed that the learned trial court shall make every endeavor to expedite the trial of the suit and shall dispose of the same as expeditiously as possible, preferably within Page 3 of 3. a period of six months from the date of communication of a copy of today’s order. The parties to the suit are directed to cooperate with the learned trial court and they shall not take any unnecessary adjournment. 7. With the aforesaid observations/ directions, the CMP application stands disposed of. ( A.K. Mohapatra) Judge Anil Designation: Junior Stenographer