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2026 DAILYLAW 1935 (ORI)

KARUNAKAR PANDEY v. HEMANTA KUMAR PATEL

CMP/280/2026 · 2026-02-12

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.280 of 2026 1) Karunakar Pandey ..... Petitioners 2) Drona Pandey Represented by Adv. – Mr. Shanti Prakash Mohanty -versus- Hemanta Kumar Patel and others ..... Opposite Party CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 12.02.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard the learned counsel for the Petitioners. Perused the CMP application as well as the prayer made therein. 3. The present CMP application has been filed by the Petitioners with the following prayers:- “It is therefore prayed that the CMP be admitted, LCR be called for and after hearing the counsels for the parties the CMP be allowed and direct the learned District Judge, Jharsuguda to pass order on the prayer of the petitioners under Order 1, Rule 10 r/w. section 151 CPC under Annexure-3 before taking up regular hearing of RFA No.17/2015. And Pass such other order/orders as may be deemed just and proper.” 4. Learned counsel for the Petitioners submitted that in R.F.A. Page 2 of 3. No.17 of 2015, which arises out of Civil Suit No.46 of 2012, an application has been filed at the instance of the present Petitioners under Order-1 Rule-10 of C.P.C. to implead them as party in the appeal on 13.08.2025 at Annexure-3. He further contended that though such application was heard on 05.09.2025 and the matter was posted later for order vide order dated 05.09.2025 in RFA No.17 of 2015, the learned District Judge, Jharsuguda has not passed any final order on such petition dated 13.08.2025 under Order-1 Rule-10 of the C.P.C. filed by the Petitioners to intervene in first appeal. Being aggrieved by such inaction of the learned District Judge, Jharsuguda, the First Appellate Authority, the Petitioners have approached this Court for a direction to the learned Appellate Court to dispose of the petition dated 13.08.2025 by passing necessary orders therein. 5. On a careful consideration of the submission made by the learned counsel for the Petitioners and on further observation of order dated 05.09.2025, this Court found that the application of the Petitioners dated 13.08.2025 was heard on 05.09.2025 by the learned District Judge, Jharsuguda and the same was kept for orders, further taking note of the allegation made by the learned counsel for the Petitioners that no final order has been passed on the petition dated 13.08.2025, this Court is inclined to dispose of the present CMP application by directing the learned District Judge, Jharsuguda to dispose of the petition dated 13.08.2025 by passing a reasoned order, if the same has not been disposed of in the meantime, within a period of four weeks from the date of Page 3 of 3. communication of a certified copy of this order. 6. Further, taking into consideration the fact that the appeal is of the year 2015, learned District Judge, Jharsuguda shall do well to hear the aforesaid RFA and make every endeavour to dispose of the same as expeditiously as possible. Parties are directed not to seek any unnecessary adjournments and to appear before the learned Appellate Court for early disposal of the RFA. 7. With the aforesaid observation and direction, the CMP application stands disposed of. ( A.K. Mohapatra) Judge Debasis