Marshel Xaxa And Another vs Anita Devi Sahu And Others
2023 Latest Caselaw 1242 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       CMP NO. 1108 OF 2022
                       Marshel Xaxa and another               ....   Petitioners
                                                   Mr. Biswajit Nayak, Advocate
                                               -versus-
                       Anita Devi Sahu and others             .... Opp. Parties
                                              Mr. Tusar Kumar Mishra, Advocate


                            CORAM:
                           JUSTICE K.R. MOHAPATRA
                                             ORDER

      Order No.                             06.02.2023
         2.       1.      This matter is taken up through hybrid mode.

2. Order dated 20th October, 2022 (Annexure-5) passed by learned Senior Civil Judge, Rajgangpur in C.S. No.83 of 2021 is under challenge in this CMP, whereby an application under Order VI Rule 17 C.P.C. filed by the Plaintiffs-Petitioners has been rejected.

3. Mr. Nayak, learned counsel for the Petitioners submits that the suit is posted to 14th February, 2023 for hearing. As such, no fruitful purpose will be served in pursuing the CMP before this Court. Hence, he prays for withdrawal of CMP.

4. Mr. Mishra, learned counsel for Opposite Party Nos.2 and 6 submits that the suit is posted to 14th February, 2023 for judgment.

5. In view of the submissions made by learned counsel for the parties, this CMP is disposed of as withdrawn.

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

(K.R. Mohapatra) Judge bks