After Defendants’ Repeated Delays, Orissa HC Asks Trial Court to Try to Finish Property Suit Within 4 Months

The plaintiff filed Civil Suit No. 47 of 2021 seeking declaration, eviction, recovery of possession and permanent injunction concerning the suit lands.

He approached the High Court under Article 227, seeking a direction for disposal of the suit within a stipulated period, and submitted that the defendants’ conduct had delayed the proceedings.

The order sheet recorded repeated adjournments and applications concerning the defendants’ written statement and evidence; by 8 July 2026, arguments had been heard in part.

The petitioner informed the Court that the suit was next listed for 17 November 2026.

The application invoked Article 227 of the Constitution of India.

The Court stated that it does not, as a matter of course, impose a stipulated disposal deadline in the absence of compelling circumstances; the trial court is master of its own roster and may determine how best to dispose of cases expeditiously.

Any effort to prevent unnecessary adjournments must nevertheless preserve the parties’ due opportunity of hearing.

The order sheet showed repeated delays, including adjournments sought by the defendants and the trial court’s observation that they had taken several adjournments.

The Court considered this conduct sufficient to warrant an expeditionary request, while respecting the trial court’s control over its roster.

It therefore asked the trial court to endeavour to dispose of the suit within four months and to avoid unnecessary adjournments, subject to safeguarding each party’s right to be heard.

The Civil Judge (Senior Division), Pattamundai, was requested to endeavour to dispose of Civil Suit No. 47 of 2021 within four months of receiving the order and not to grant unnecessary adjournments, without depriving any party of a due hearing.

As the opposite parties had not been heard, they were given liberty to seek modification or recall if material facts had been suppressed and prejudice caused.