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2026 DAILYLAW 4590 (ORI)

BASANTI DEY @ JENA v. SANJAY KUMAR DEY

CMP/333/2026 · 2026-02-24

Aditya Kumar Mohapatra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 1. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.333 of 2026 Basanti Dey @ Jena ..... Petitioner Represented by Adv. 3 Mr. Vivekananda Jena -versus- Sanjay Kumar Dey and others ..... Opposite Parties CORAM: THE HON9BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 24.02.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard the learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein. 3. The Plaintiff in C.S. No.621 of 2013 pending in the court of 2nd Additional Civil Judge (Senior Division), Balasore, has approached this Court by filing the present CMP application seeking a direction to the trial court to expedite the trial and conclude the same in a time bound manner. 4. Learned counsel for the Petitioner, at the outset, contended that although the suit was filed by the Plaintiff-Petitioner and in the meantime more than a decades time has elapsed, the suit has not come to an end. He further submitted that although evidence from the side of the Plaintiff has been adduced, however the Defendants have taken time to adduce evidence from their side. Learned counsel for the Page 2 of 2. Petitioner further submitted that the delay in disposal of the suit is solely attributable to the conduct of the Defendants and such conduct has seriously prejudiced the Plaintiff-Petitioner. In such view of the matter, learned counsel for the Petitioner contended that the trial court be directed to expedite the trial. 5. Considering the submissions made by the learned counsel for the Petitioner and on a careful examination of the factual background of the present case and the fact that the suit is of the year 2013, this Court is of the view that the same should have been concluded in a time bound manner. However, in the present case, it is a matter of record that the suit is pending since 2013. In such view of the matter the present CMP application is disposed of by directing the learned trial court to make every endeavour to expedite the trial and conclude the same as expeditiously as possible, preferably within one year. The parties are directed not to seek any unnecessary adjournments. 6. With the aforesaid observation and direction, the CMP is disposed of. ( Aditya Kumar Mohapatra ) Judge Debasis