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2026 DAILYLAW 9885 (ORI)

BHAGABATI PARIDA v. SRIPATI CHARAN BADAJENA

CMP/145/2026 · 2026-01-29

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.145 of 2026 Bhagabati Parida ..... Petitioner Represented by Adv. – Mr. Manmaya Kumar Dash -versus- Sripati Charan Badajena and another ..... Opposite Parties Represented by Adv. – Smt. Sasmita Nayak, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 29.01.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical 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 Plaintiff-Petitioner has approached this Court for a direction to the learned Civil Judge, Senior Division (LR), Bhubaneswar for early disposal of the C.S. No.442 of 2011. 4. Learned counsel for the Petitioner, at the outset, contended that although the suit was filed in the year 2011, Page 2 of 3. however, the same is being adjourned repeatedly without effective hearing. He further contended that such delay in disposal of the suit has caused serious prejudice to the Plaintiff-Petitioner. In such view of the matter, learned counsel for the Petitioner contended that the learned Civil Judge, Senior Division (LR), Bhubaneswar be directed to expedite the trial and conclude the same in a time bound manner. 5. Having heard the learned counsels appearing for the Petitioner as well as on a careful examination of the CMP application, this Court observes that the Petitioner-Plaintiff has filed a suit for declaration of title, confirmation of possession and permanent injunction in the year 2011. It appears that the suit is being adjourned from time to time and in the meantime more than one and half decades have elapsed. This Court is also aware of the fact that the court of learned Civil Judge, Senior Division (LR), Bhubaneswar is over- burdened with civil litigations. Therefore, any direction to expedite the trial would cause serious inconvenience to the civil court. 6. However, taking into consideration the fact that in the present case, the suit was filed in the year 2011, this Court grants liberty to the Petitioner to file an application before the trial court for early disposal of the suit. In such eventuality, the trial court shall do well to consider such application Page 3 of 3. keeping in view the fact that the suit is pending since 2011. Learned trial court shall do well to expedite the trial in the aforesaid suit and make every endeavour to conclude the same as expeditiously as possible. 7. With the aforesaid observation and direction, the CMP stands disposed of. (Aditya Kumar Mohapatra) Judge Debasis