Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.61 of 2026 Namita Sahu ..... Petitioner
Represented by Adv. – Mr. Nirmal Kishore Rath -versus- Nilamadhab Jena and others ..... Opposite Parties
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 13.01.2026
Order No.
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 Petitioner-Plaintiff seeks for a direction to the learned 2nd Additional Civil Judge, Senior Division, Bhubaneswar for early disposal of I.A. No.01 of 2024 filed under O-39 Rule-1 & 2, which arises out of C.S. No.1015 of 2024.
4.
Learned counsel for the Petitioner, at the outset, contended that although the application for injunctive relief under O-39 Rule-1 & 2 has been filed in the year 2024, however, the trial court has not been able to take up such matter due to huge load of the pending litigations. He further contended that taking into consideration the urgency involved in the interim application, and that the Petitioner prayed for injunctive relief, the trial court be directed to take up such application and dispose
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5. On a careful consideration of the submission made by the learned counsel for the Petitioner and further keeping in view the prayer made in the present CMP application, this Court is of the view that the court of the learned 2nd Additional Civil Judge, Senior Division, Bhubaneswar is over burdened with several civil litigations. Therefore, this Court, at the outset, does not deem it proper to give any direction to the trial court for an early disposal of the application.
6. Further, taking into consideration the fact that the Petitioner has prayed for consideration and disposal of the interlocutory application under O-39 Rule-1 & 2 and the same is pending since 2024, this Court is inclined to dispose of the present application by directing the trial court to make every endeavour to ensure that the aforesaid pending interlocutory application is disposed of in accordance with law as expeditiously as possible, preferably within a period of three months from the date of communication of a copy of this order. The parties are
directed to cooperate with the trial court for an early disposal of the interlocutory application.
7. With the aforesaid observation and direction, the CMP stands
disposed of.
(Aditya Kumar Mohapatra)
Judge Debasis