LAWS(ORI)-2022-6-23

MADHUSMITA BHOI Vs. HEMAKANTI KHARSEL

Decided On June 22, 2022
Madhusmita Bhoi Appellant
V/S
Hemakanti Kharsel Respondents

JUDGEMENT

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

(2.) Petitioner in this CMP seeks for a direction for early disposal of IA No.31 of 2022 (arising out of CS No.140 of 2022) pending before learned Senior Civil Judge, Sambalpur.

(3.) Mr. Mohanty, learned counsel for the Petitioner submits that the suit has been filed for declaration and permanent injunction. Along with the plaint, plaintiff/Petitioner has also filed IA No.31 of 2022 under Order XXXIX Rules 1 and 2 CPC with a prayer to restrain the Defendants/Opposite Parties, more particularly Tata Power Western Odisha Distribution Limited (TPWODL), Sambalpur from disbursing retiral dues of the deceased employee, namely, father of the Petitioner to Defendants/Opposite Party Nos.1 and 2. The authorities are going to disburse the amount. The matter involves urgency. Since the Opposite Parties have not entered appearance in the matter, the Petitioner is not in a position to move the IA before the learned trial Court. Hence, this CMP has been filed for the aforesaid relief.