K.R. Mohapatra, J
1. This matter is taken up through video conferencing mode.
2. Heard Mr. Pal, learned counsel for the Petitioner.
3. The Petitioner in this CMP seeks for a direction to learned Civil Judge (Junior Division), First Court, Cuttack for early disposal of CMA No. 54 of
2021 filed under Section 151 C.P.C. arising out of C.S. No. 203 of 2013.
4. It is submitted by Mr. Pal, learned counsel for the Petitioner that in a petition under Order XXXIX Rules 1 and 2 C.P.C. filed by the Plaintiff-
Opposite Party No.1, namely, Baptist Church Trust Association, learned trial court directed the parties to maintain status quo over the suit land. The
said order was assailed in FAO No. 25 of 2016 by the English Baptist Church, a Co-Defendant in the aforesaid suit. Subsequently, when the Church
in question required repairing and maintenance, a petition under Section 151 C.P.C. in CMA No. 54 of 2021 has been filed. It is further submitted that
although the petition has been filed in the month of April, 2021, but learned trial court has not taken up the same for which the Petitioner is seriously
prejudiced. Hence, he prays for a direction to dispose of the said petition treating the same to be filed under Order XXXIX Rule 4 read with Section
151 C.P.C.
5. Taking into consideration the submission made by learned counsel for the Petitioner-Defendant No.1, this Court disposes of the CMP with a
direction that in the event the Petitioner files a memorandum along with an authenticated copy of this order within a period of two weeks hence,
learned trial court shall do well to take up the petition in CMA No. 54 of 2021 and dispose of the same in accordance with law treating it to be an
application under Order XXXIX Rule 4 read with Section 151 C.P.C. as expeditiously as possible preferably within a period of one month from the
date of filing of such memorandum.
6. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order
available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide
Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.
…………………………
