Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.578 of 2026 M/s. Motwani Construction Pvt. Ltd., BBSR ..... Petitioner Represented by Adv. - Amit Prasad Bose -versus- Dibyasingha Jena and others ..... Opposite Parties Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 07.04.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein. 3. The defendant No.11 in C.S. No.321 of 2017, pending in the Court of 2nd Addl. Civil Judge, (Senior Division), Bhubaneswar has approached this Court with a prayer for a direction to the learned trial Court for an early disposal of his I.A. bearing I.A. No.01 of 2017. 4. Learned counsel for the Petitioner at the outset contended that the Petitioner in I.A. No.1 of 2017, who happens to be the plaintiff Page 2 of 3. and Opposite Party No.1 in the present CMP application initially filed a suit along with an application under Order-39 Rule-3 of the CPC. While considering the application under Order-39 Rule-3 of the CPC, the learned trial Court granted ad interim ex-parte orders against the defendants. After appearance of the defendants they have filed their objection to the application for injunction bearing I.A. No.1 of 2017. The sole grievance of the Petitioner in the present CMP application is that although the objection has been filed on 21.02.2026, at Annexure-2 to the present CMP application by the Petitioner-defendant No.11, however, the application bearing I.A. No.1 of 2017 has not yet been disposed of. In such view of the matter, learned counsel for the Petitioner contended that the learned trial Court be directed for an early disposal of the I.A. No.1 of 2017. 5. On a careful analysis of the submission made by the learned counsel for the Petitioner, and on a further scrutiny of the documents annexed to the CMP application, this Court found that although the I.A. No.1 of 2017 was filed in the year 2017, however, the objection has been filed by the defendant only recently. Therefore, this Court is of the view that no specific direction can be given by this Court in this case for early disposal of the I.A. application. However, liberty is granted to the Petitioner to move the learned trial Court for early disposal of the I.A. No.1 of 2017. In such eventuality, the learned trial Court, subject to the pendency before him, shall do well to make an endeavor for an early disposal of the I.A. application after providing due opportunity of hearing to all concerned. Further, liberty is granted to the Petitioner to move the application stated to have been filed for early disposal of the suit Page 3 of 3. before the learned trial Court. In such eventuality, the learned trial Court shall pass necessary orders thereon within eight weeks from the date of production of a copy of today’s order. 6. With the aforesaid observation/direction, the CMP application stands disposed of. ( Aditya Kumar Mohapatra ) Judge S.K. Rout