ORIGINAL JURISDICTION - Orissa High Court

INDIAN LAW REPORTS, CUTTACK SERIES [2010]
delay had occasioned. In such circumstances, it cannot be said that the
appellate court has committed any illegality or material irregularity in
allowing the prayer of the opposite party. This Court opines that the
impugned order has been passed to do complete justice and the same does
not warrant interference of this Court. However, the cost of Rs.5000/-, as
imposed by the appellate court, appears to be inadequate. Therefore, this
Court modifies the impugned judgment to the extent that the opposite party
shall pay cost of Rs.20,000/- (twenty thousand) instead of Rs.5,000/- to the
petitioner. Since petitioner has already received Rs.5,000/- before filing of
the civil revision, this Court directs the opposite party to pay the balance
amount of Rs.15,000/-(fifteen thousand) to the petitioner in the shape of a
bank draft on or before 21st December, 2009. This Court further directs the
trial court to complete the trial of the suit by the end of April, 2010, since the
matter is lingering from the year 1989. Both the parties undertake to
cooperate with the trial.
The CRP is disposed of with the modification of the impugned order to
the extent indicated.
Petition disposed of.
81