UPENDRANATH ACHARYA Vs. DWARIKANATH ACHARYA

JUDGEMENT

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

(2.) The Petitioner in this CMP seeks for a direction for early disposal of CMA No. 1 of 2022 pending in the Court of learned Senior Civil Judge, Aska, which has been filed for restoration of C.S. No. 109 of 2011.

(3.) Mr. Jena, learned counsel for the Petitioner submits that C.S. No.109 of 2011 was dismissed for default on 16/4/2022. Thereafter, an application under Order IX Rule 9 C.P.C. was filed in CMA No.1 of 2022. But, unfortunately the said CMA was dismissed for non-prosecution. Accordingly, the Petitioner filed CMA No.1 of 2023 for restoration of CMA No.1 of 2022. Said CMA has been allowed vide order dtd. 1/8/2023 and CMA No.1 of 2022 has been restored to its file. Thereafter, learned trial Court is not taking any step either to issue notice in CMA No.1 of 2022 or to proceed with the matter. Hence, finding no other alternative, this CMP has been filed.