Bhobani Pradhan vs Madhusudan Pradhan And Others
2023 Latest Caselaw 3974 Ori

                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No.188 of 2023
             Bhobani Pradhan                            ....            Appellant
                    M/s. Brahmananda Tripathy and Associates, Advocates
                                    -versus-
             Madhusudan Pradhan and others        ....       Respondents
                       M/s. Anam Charan Panda and Associates(Caveator)
                     CORAM:
                     THE CHIEF JUSTICE
                     JUSTICE G. SATAPATHY
                                     ORDER

20.04.2023 Order No.

01. 1. A preliminary objection is raised by learned counsel for the Respondents as to the maintainability of the present appeal by contending that the learned Single Judge was exercising jurisdiction under Article 227 of the Constitution of India is not maintainable by virtue of the judgment of full Bench of this Court in Mahammed Saud v. Dr. (Maj) Shaikh Mahfooz 2008(II) OLR (FB) 725 which has been affirmed by the Supreme Court in Mahammed Saud v. Dr. (Maj) Shaikh Mahfooz (2010) 13 SCC 517.

2. Learned counsel for the Appellant is unable to dispute the above factual position regarding exercise of jurisdiction by the learned Single Judge while passing the impugned order, under article 227 of the Constitution of India.

3. In that view of the matter, leaving the Appellant to avail other remedies as may be available to the Appellant in accordance with law, the present appeal is held to be not maintainable and is disposed of as such.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge Priyajit