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IN THE HIGH COURT OF ORISSA AT CUTTACK
MRUGANKA SEKHAR SAHOO
Debasis Pati – Appellant
Versus
Purnalaxmi Panda – Respondent
| Table of Content |
|---|
| 1. petitioner's request for expedited proceedings (Para 1) |
| 2. decision to not issue notice based on case judgment (Para 2) |
| 3. opposite party's adjournment causing delays (Para 3 , 4) |
| 4. court's observations on case prioritization (Para 5 , 6 , 7) |
| 5. order for cooperation in adjudication (Para 8 , 9) |
JUDGMENT :
1. Petitioner-husband is before this Court making the following prayer in the petition :
And pass any other order/orders as this Hon’ble Court may deem just and proper for ends of justice.”
3. Learned counsel for the petitioner refers to the order sheet in C.P. No. 751 of 2022 i.e. petition filed under section 13(1)(i) and (ia) of Hindu Marriage Act, 1955 by the petitioner- husband seeking divorce from the opposite party wife in the marriage, to submit that the opposite party is seeking unnecessary adjournments and the proceeding is getting prolonged.
5. In considered view of this Court, at the instance of a particular litigant, a Civil Proceeding cannot be expedited when thousands of cases are pending before the selfsame Court for adjudication.
“Before we part with this order, every day we notice that in several orders passed by different High Courts while rejecting th
Courts must not prioritize individual cases without exceptional justification amidst pending cases, ensuring both efficiency and fairness in judicial proceedings.
The High Court cannot issue directions for speedy disposal of cases without justification or public interest, and every urgency cannot be considered for issuing such directions.
Family Courts must expedite matrimonial proceedings to prevent emotional distress, adhering to statutory time limits for resolution.
Court cannot entertain writ petition under Article 226 and/or under Article 227 of Constitution simply for the purpose of expediting hearing of a suit.
The practical difficulties faced by the lower court and the petitioner's lack of diligence can justify delay in the disposal of a case despite directions for expeditious disposal.
Expeditious disposal of civil suits requires extraordinary urgency; routine requests cannot be prioritized without justifiable cause.
Extraordinary circumstances must be established for a court to exercise its jurisdiction under Article 227 to expedite trial court proceedings.
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