Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.938 of 2026 Abhisek Das ..... Petitioner Represented by Adv. - Rameswar Routray -versus- Hemant Kumar Jena ..... Opposite Party Represented by Adv. – CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.06.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned senior counsel for the Petitioner. Perused the CMP application as well as the prayer made therein. 3. By filing the present CMP application the Plaintiff in C.S. No.542 of 2026 pending in the Court of learned Senior Civil Judge, Bhubaneswar has approached this Court by filing the present CMP application under Article 227 of the Constitution of India with a prayer for a direction to the learned trial Court to take up and dispose of the pending application at Annexure-3 filed under Order 39 Rule 10 of the CPC. 4. Learned counsel for the Petitioner at the outset contended that in his objection under Order 39 Rule 10 of CPC, the Plaintiff has made a prayer for a direction to the Defendant to deposit the arrear rent along with arrear dues and monthly rent in the Court and further Page 2 of 2. to permit the Petitioner to the Plaintiff to receive the same from the Court. Learned counsel for the Petitioner further informed this Court that in the meantime the proceeding under Section 13(4) of the SARFAESI Act, 2002 has been initiated. On such ground, learned counsel for the Petitioner contended that the learned trial Court be directed to dispose of the application at Annexure-3 vide under Order 39 Rule 10 of CPC by the Plaintiff as expeditiously as possible. 5. Having heard learned counsel for the Petitioner on a careful examination of the factual background and taking into consideration the urgency involved in the matter, this Court deems it proper to dispose of the CMP application at the stage of admission by directing the learned trial Court to make every endeavour to consider and dispose of the application of the Petitioner at Annexure-3 filed under Order 39 Rule 10 of CPC and further every endeavour shall be made to dispose of the application as expeditiously as possible preferably within a period of two months after providing opportunity of hearing. 6. With the aforesaid observation and direction, the CMP application stands disposed of. ( A.K. Mohapatra) Judge Sisir Designation: PERSONAL ASSISTANT