Taranisen Badhei vs Ramachandra Singh Dau And Others
2023 Latest Caselaw 8450 Ori

Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Designation: Secreatary
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 03-Aug-2023 13:00:08

                                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      CMP No. 593 of 2023
                                      Taranisen Badhei                          ....        Petitioner
                                                                Mr. Dwarika Prasad Mohanty, Advocate
                                                            -versus-
                                      Ramachandra Singh Dau and others         ....       Opp. Parties


                                                 CORAM:
                                                JUSTICE K.R. MOHAPATRA
                                                        ORDER

                Order No.                              02.08.2023

                   1.            1.      This matter is taken up through hybrid mode.

2. Judgment dated 28th March, 2023 (Annexure-6) passed by learned Additional District and Sessions Judge, Padampur in FAO No.1 of 2019 is under challenge in this CMP, whereby dismissing the appeal it confirmed the order dated 13th August, 2019 (Annexure-5) passed by learned Civil Judge (Senior Division), Padampur in IA No.4 of 2019 (arising out of CS No.44 of 2019) allowing an application filed by Plaintiffs/Opposite Parties under Order XXXIX Rules 1 and 2 CPC.

3. Although Mr. Mohanty, learned counsel for the Petitioner made detailed submission assailing the sustainability of the impugned orders under Annexures-5 and 6, but in course of hearing submits that interest of justice will be best served if Defendant No.4 files an application under Order XXXIX Rule-4 CPC, if an undue hardship is caused.

4. Accordingly, this Court, without interfering with the impugned orders under Annexures-5 and 6, disposes of the CMP with an observation that if any cause arises, Petitioner/Defendant

Signature Not Verified // 2 // Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Designation: Secreatary Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 03-Aug-2023 13:00:08

No.4 may approach learned trial Court by filing an application under Order XXXIX Rule-4 CPC and in such event, the same shall be considered on its own merit.

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

(K.R. Mohapatra) Judge

s.s.satapathy