Citation : 2023 Latest Caselaw 4701 Ori
Judgement Date : 27 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 392 of 2023
Muti Pradhan and others .... Appellants
Mr. Tapan Kumar Mandal, Advocate
-versus-
Ranjit @ Ramanjit Pradhan and others .... Respondents
None
CORAM:
THE CHIEF JUSTICE
JUSTICE G. SATAPATHY
ORDER
Order No. 27.04.2023
01. 1. The impugned order has been passed in CMP No.1294 of 2022 which was in turn directed against an order passed by the Additional District & Sessions Judge, Balliguda in an RFA. Admittedly, the learned Single Judge was exercising jurisdiction under Article 227 of the Constitution of India.
2. In view of the judgment of the 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, the present writ appeal is not maintainable.
3. Leaving it open to the Appellants to seek other appropriate remedies as may be available to the Appellants in accordance with law, the present writ appeal is not entertained and is dismissed as such.
(Dr. S. Muralidhar) Chief Justice
(G. Satapathy) Judge S. Behera
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