Extracted from the PDF above. The PDF is authoritative.
Page 1 of 2.
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.348 of 2026 Susant Parida ..... Petitioner
Represented by Adv. - Swarup Ranjan Singh Samant -versus- Chheta Parida & Ors. ..... Opposite Parties
Represented by Adv. -
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Order No.
ORDER 23.02.2026
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical 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 Plaintiff in C.S. No.22 of 2020 has approached this Court for a direction to the learned Civil Judge, Senior Division, Pipili to conclude the final decree proceeding as expeditiously as possible.
4.
Learned counsel for the Petitioner, at the outset, contended that although the suit has already been decreed preliminary and the final decree proceeding has been pending for the last two years, no steps have been taken to ensure that the said proceeding is concluded in a time bound manner. Being aggrieved by such inaction on the part of the learned trial court, the petitioner has approached this Court by
Page 2 of 2. filing the present CMP application.
5. Having heard the learned counsel appearing for the Petitioner, further taking note of the principle of law laid down by the Hon’ble Supreme Court in Kattukandi Edathil Krishnan & Anr. Vs. Kattukandi Edathil Valsan & Ors. reported in 2022 (II) OLR (SC) 187, this Court deems it proper to dispose of the present CMP application by granting liberty to the Petitioner to approach the learned Civil Judge, Senior Division, Pipili, by filing an appropriate application. In such eventuality, the learned Civil Judge, Senior Division, Pipili, keeping in view the aforesaid principles of law, shall make every endeavour to ensure that the pending proceeding is concluded as expeditiously as possible.
6. With the aforesaid observations and directions, the CMP application stands disposed of.
( A.K. Mohapatra)
Judge Rubi