Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.202 of 2026 Santilata Das ..... Petitioner Represented by Adv. – Mr. Sameer Kumar Das -versus- Sri Sukanta Kumar Das and others ..... Opposite Parties CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 02.02.2026 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. By filing the present CMP application under Article 227 of the Constitution of India, the Defendant No.6-Petitioner has approached this Court with a prayer for a direction to the trial court to try the C.S. No.382 of 2023 pending before the learned Civil Judge (Senior Division), LR & LTV, Jagatsinghpur expeditiously. 4. Learned counsel for the Petitioner, at the outset, contended that the Defendant No.6-Petitioner is aged about 94 years. He further contended that unless the trial court is directed to conclude the suit as expeditiously as possible, there is very likelihood that the Petitioner might not see the light of justice. He further Page 2 of 2. submitted that the suit has been filed by the Plaintiffs-Opposite Parties No.1 and 2 seeking partition. 5. Considering the submissions made by the learned counsel appearing for the Petitioner, further taking into consideration the fact that the suit filed by the Plaintiffs-Opposite Parties No.1 and 2 is for partition, this Court is of the view that no specific direction can be given to expeditious trial of the suit as the same is of the year 2023. However, taking into consideration the fact that age of the Petitioner-Defendant No.6 is 94 years, liberty is granted to the Petitioner-Defendant No.6 to move an application before the trial court with a prayer to expedite the trial of the aforesaid suit. In such eventuality, the trial court shall consider such application keeping in view the fact that the Petitioner is aged about 94 years. 6. With the aforesaid observation and direction, the CMP stands disposed of. (Aditya Kumar Mohapatra ) Judge Debasis/Suchitra