Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.35 of 2026 Sanyasi Charan Sahoo and another ..... Petitioners
Represented by Adv. – Mr. Nirmal Kishore Rath -versus- State of Odisha and another ..... 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 Petitioners as well as learned counsel for the State-Opposite Parties. 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 Petitioners-Plaintiffs seek for a direction to the learned Civil Judge, Senior Division, Bhubaneswar for early disposal of I.A. No.01 of 2025 filed under O-39 Rule-1 & 2, which arises out of C.S. No.2389 of 2025.
4.
Learned counsel for the Petitioners, at the outset, contended that although the application for injunctive relief under O-39 Rule-1 & 2 has been filed in the year 2025, 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
Page 2 of 2. the interim application, and that the Petitioners prayed for injunctive relief, the trial court be directed to take up such application and dispose of the same in a time bound manner.
5.
Learned counsel for the State has no objection in the event the pending interlocutory application is disposed of in accordance with law.
6. On a careful consideration of the submission made by the learned counsel for the Petitioners 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 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.
7. Further, taking into consideration the fact that the Petitioners have prayed for consideration and disposal of the interlocutory application under O-39 Rule-1 & 2 and the same is pending since 2025, 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.
8. With the aforesaid observation and direction, the CMP stands
disposed of.
(Aditya Kumar Mohapatra)
Judge Debasis