TRP(C)/150/2026 of MANO RANJITA BEHERA Vs SUBHADRA BEHERA on 21 May 2026

ORDER

21.05.2026 (Hybrid Mode)

02.

1. Learned counsel for the Petitioner was heard at length on 14.05.2026 when the matter was listed and taken up.

The Petitioner seeks transfer of the Civil Suit No.329 of 2021 where she is the defendant no.1.

2. It is submitted by the learned counsel for the Petitioner that the Petitioner is to appear and depose on 18.05.2026 as per the next date fixed by the learned court in seisin of the matter.

3. After hearing the learned counsel for the Petitioner on 14.05.2026, the C.S. No.329 of 2021 was directed to be adjourned by the learned court in seisin to 22.05.2026 and the following order was passed: “2. Before considering the application seeking transfer this Court directs the learned court in seisin of the matter, i.e., Civil Judge (Senior Division), Berhampur to furnish a report regarding status of the matter, on how many dates the defendant no.1 has appeared and how many days she is further required to appear and whether she can appear by using the ICT facility.

3. The report shall be furnished by 19.05.2026 Registry shall communicate the order to the learned Civil Judge (Senior Division), Berhampur by tomorrow (15.05.2026). The report be obtained by 19.05.2026.

xxx xxx xxx

5. This Court takes note of the fact that the suit is of the year 2021. Therefore, it requires expeditious disposal and apparently the learned court is proceeding in the matter diligently and has fixed for examination of witnesses/cross- examination of witnesses.”

4. Thereafter the matter was listed on 20.05.2026 with report of the learned 1st Additional Senior Civil Judge, Berhampur dated 15.05.2026 which is available in the paperless brief and the learned counsel for the Petitioner was apprised of the same. He sought for adjournment and accordingly, the matter was adjourned to the next date, i.e., today (21.05.2026) and is taken up.

5. Today, on 21.05.2026 the matter having been listed for ‘Fresh Admission’ is mentioned at the beginning of the day’s proceeding by the learned counsel for the Petitioner. He states that he will cite some decisions of the Hon’ble Apex Court to support the prayer for transferring the matter and matter may be adjourned.

6. The report dated 15.05.2026 furnished by the learned court in seisin of the matter in response to this Court’s order dated 14.05.2026 is reproduced herein: “Information relating to C.S. No.329 of 2021

The suit is filed on 24.08.2021 and admitted on 26.08.2021. The Defendant No.1 has appeared on 05.11.2021 through her counsel and filed Written Statement on 20.12.2021. The suit is transferred to this court on 01.02.2022.

1. Status of the matter:- The suit is posted on

18.05.2026 for further

cross examination of

Plaintiff No.2 (P.W.1)

2. How many dates the Defendant No.1 has appeared :- 95 days (Through her

counsel)

3. How many days she is further required to appear

:- The appearance of the

Defendant No.1 is

required for her

examination and cross

examination after closure

of the evidence from the

side of the Plaintiff.

4. Whether she can appear by using the ICT facility

:- Yes.”

7. Perusal of the report indicates that the defendant no.1 who is the Petitioner herein has appeared on 95 dates including occasions through her counsel and the matter has proceeded the suit is posted for further cross-examination of plaintiff No.2 (P.W.1). She appeared on 05.11.2021 and filed written submissions on 20.12.2021. The defendant has to appear for examination, cross- examination and closure of the evidence.

8. The present application is apparently a strategy not to appear before the trial Court/delay the proceeding in the ruse of seeking transfer after appearing on 95 dates. It is further indicated by the learned 1st Additional Senior Civil Judge, Berhampur that present petitioner can appear by using ICT facility.

9. In view of the above discussions, this Court is not inclined to direct transfer of the pending application again from the court of learned Additional Senior Civil Judge, Berhampur as sought for by the Petitioner after five years of trial.

Accordingly, the prayer for adjournment is rejected. Transfer Petition is dismissed.

10. However, it is observed that if the parties before the learned Civil Judge (Senior Division), Berhampur are so advised they can make application before the leaned Court for appearing by utilizing the

Amit Information and Communication Technology (ICT) facility such as virtual hearing from remote location, etc. In case such application is made before the learned Court in seisin of the matter, the same shall be considered and appropriate order shall be passed in accordance with law.

11. Records of proceeding any received from the learned court of 1st Additional Senior Civil Judge, Berhampur shall be returned immediately.

(Mruganka Sekhar Sahoo)

Judge

Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-May-2026 18:54:38 Signature Not Verified