BHUBANESWAR NAIK Vs. SHRIMATI PATEL

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) The Petitioner in this CMP prays for a direction to the learned Senior Civil Judge, Sundargarh for early disposal of I.A. No. 31 of 21 (arising out of C.S. No. 79 of 21) filed under Order XXXIX Rules 1 and 2 C.P.C.

(3.) Mr. Sahoo, learned counsel for the Petitioner submits that although the Opposite Parties, who are Defendants in C.S. No. 79 of 2021, have already appeared in I.A. No.31 of 2021 and filed their objection since 8/9/2021, the interim application is not being taken up for some reason or other. Taking advantage of pendency of the interim application, the Opposite Parties are proceeding with the construction. The Petitioner although has a fair chance of success in the interim application but due to pendency of the same, he is highly prejudiced. Hence, finding no other alternative, the Petitioner has filed this CMP for the relief, as aforesaid. He further submits that I.A. No. 31 of 2021 is at present posted to 6/7/2022 for hearing. In that view of the matter, the Petitioner will be highly prejudiced, if the I.A. is not taken up early.