Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.487 of 2026 Sudhir Charan Jena ..... Petitioner
Represented by Adv. - Niranjan Lenka -versus- Nandita Mohanty and others ..... Opposite Parties
Mr. S.K. Parhi, ASC
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 20.03.2026
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 Petitioner, who was the plaintiff in C.S. No.1627 of 2024, pending in the Court of learned Civil Judge, (Sr. Division) 2nd Court, Bhubaneswar, has approached this Court for a direction to the learned trial Court to take up the I.A. No.01 of 2024 filed under
Order 39, Rule-1 & 2 of CPC by the plaintiff.
4.
Learned counsel for the Petitioner at the outset contended that although the above noted I.A. application seeking injunction was filed along with the above noted C.S., however, the same has not been taken up. In course of his argument, learned counsel for the Petitioner contended that though the suit was filed in the year 2024 along with the above noted I.A., however, the I.A. has not been taken up, though several years have passed in the meantime.
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5. Taking into consideration the submission made by the learned counsel for the Petitioner, on a careful examination of the background facts, this Court is of the view that the I.A. application should have been disposed of immediately after appearance of the defendants. Further, taking into consideration the submission made by the learned counsel for the Petitioner that the defendants in the suit have already appeared, this Court deems it proper to dispose of the present CMP application by granting liberty to the Petitioner to move the learned trial Court for early disposal of the I.A. No.01 of
2024. In such eventuality, the learned trial Court shall do well to consider such prayer of the Petitioner. After providing opportunity to both sides, the I.A. No.01 of 2024 filed under Order 39, Rule-1 & 2 of CPC be considered and disposed of as expeditiously as possible, preferably within a period of two months from the date of communication 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