Dasha Bariha And Others vs Tapeswar Panda And Others
2023 Latest Caselaw 9048 Ori

Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 11-Aug-2023 18:02:38




                                             IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                          CMP NO.737 OF 2023
                                           Dasha Bariha and others           ....               Petitioners
                                                                                                      None

                                                                  -versus-
                                           Tapeswar Panda and others                  ....    Opp. Parties


                                                CORAM:
                                                JUSTICE K.R. MOHAPATRA
                                                             ORDER

                Order No.                                  10.08.2023

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

2. None appears for the Petitioners at the time of call.

3. This CMP has been filed assailing the judgment dated 13th September, 2022 (Annexure-3) passed by learned Civil Judge (Junior Division), Patnagarh in C.S. No.11 of 2019, whereby the suit has been decreed on contested against Defendant No.7 and ex-parte against Defendant Nos. 1 to 6 and right, title and interest over the suit land of the Plaintiff was declared. Their possession over the suit land was also confirmed and Defendant Nos. 1 to 6 are permanently restrained from disturbing the peaceful possession over the suit land. Since the Petitioner has remedy under the Code of Civil Procedure to assail the judgment under Annexure-3, the CMP is misconceived.

4. As such, the CMP is dismissed.

                                                                        (K.R. Mohapatra)
      Rojalin                                                                 Judge