Gopinath Sahu vs Surekha Pradhan And Others
2023 Latest Caselaw 9996 Ori

                                            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                          CMP NO.847 OF 2023
                                          Gopinath Sahu                            ....         Petitioner
                                                                       Mr. Susanta Kumar Jethy, Advocate

                                                                 -versus-
                                          Surekha Pradhan and others               ....    Opp. Parties


                                               CORAM:
                                               JUSTICE K.R. MOHAPATRA

                                                               ORDER

             Order No.                                        24.08.2023

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

2. Order dated 3rd April, 2023 (Annexure-2) passed by learned Civil Judge (Senior Division), Sambalpur in Civil Suit No.249 of 2016 is under challenge in this CMP, whereby an application filed by the Petitioner- Defendant Nos. 3 and 4 for stay of the further proceeding of the suit till disposal of the consolidation proceeding, has been rejected.

3. In course of hearing, Mr. Jethy, learned counsel for the Petitioner submits that in the meantime, judgment in the suit has been pronounced. However, the decree has not yet been signed.

4. In view of the fact that judgment in the suit has already been pronounced, I am not inclined to entertain the CMP.

5. The Petitioner may work out his remedy with regard to drawl of the preliminary decree in accordance with law.

6. With the aforesaid observation, the CMP is disposed of.

Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK (K.R. Mohapatra) Designation: Junior Stenographer Rojalin Reason: Authentication Judge Location: High Court of Orissa, Cuttack Date: 25-Aug-2023 10:31:59