Charulata Sahu vs Prafulla Kumar Sahu And Others
2023 Latest Caselaw 10210 Ori

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 29-Aug-2023 19:51:15


                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                                 W.P.(C) No. 9047 OF 2012
                                               Charulata Sahu                        ....      Petitioner
                                                                        Mr. Amit Prasad Bose, Advocate
                                                                      -versus-
                                               Prafulla Kumar Sahu and others        .... Opp. Parties
                                                                  Mr. Kishoore Kumar Mishra, Advocate
                                                    CORAM:
                                                    JUSTICE K.R. MOHAPATRA
                                                                     ORDER

                        Order No.                                   28.08.2023
                              13.         1.      This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition seeks to assail the order dated 27th April, 2012 (Annexure-1) passed by learned 1st Additional Civil Judge (Senior Division), Cuttack in T.S. No.348 of 1980 (F.D.), whereby an application filed by the Plaintiff-Petitioner to disburse 1/3rd share of the decretal amount, has been rejected.

3. Mr. Bose, learned counsel for the Petitioner submits that learned trial Court rejected the application holding as under:

"In the present case in hand, Hon'ble Supreme Court has observed that in the mean time final decree may not be drawn up. Hence unless and until final decree is drawn the respective entitlement of the parties cannot be determined as the Hon'ble High Court in the judgment passed in AHO No.133/2000 dated 5.5.11 has observed that the amount shall be disbursed by the trial court according to their share assigned in the trial court judgment. Hence in the circumstances it is difficult to disburse the amount to a particular party before determination of his entitlement. Moreover, the Hon'ble Supreme Court is in session of the matter and has directed that in the mean while final decree may not be drawn. Hence put up this petition on 18.5.12 awaiting receipt of further information from the Hon'ble Supreme Court."

Signature Not Verified Digitally Signed // 2 // Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2023 19:51:15

It is submitted that in the meantime, the Hon'ble Supreme Court has already disposed of SLP(Civil) filed by the legal heirs of Defendant No.1.

4. Hence, Mr. Bose, learned counsel for the Petitioner submits that in view of the observation made vide order impugned herein, interest of justice will be best served, if the Petitioner moves fresh application for appropriate relief in the final decree proceeding.

5. Mr. Mishra, learned counsel for the Opposite Parties submits that he has no objection to the prayer made by learned counsel for the Petitioner. However, if such an application is filed, the same should be considered in accordance with law.

6. Considering the submissions made by learned counsel for the parties, this Court disposes of the writ petition with an observation that in the facts and circumstances of the case as submitted by Mr. Bose, learned counsel, the Petitioner may move an application for appropriate relief before learned trial Court in the final decree proceeding and in that event, the same may be considered in accordance with law giving opportunity of hearing to the parties concerned.

Urgent certified copy of this order be granted on proper application.

                                                                              (K.R. Mohapatra)
                ms                                                                  Judge