Sugyan Choudhury vs Ananda Kumar Patnaik
2023 Latest Caselaw 1401 Ori

                                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                 CMP No. 107 of 2023
                                 Sugyan Choudhury                      ....       Petitioner
                                                         Mr. Samir Kumar Mishra, Advocate
                                                          -versus-
                                 Ananda Kumar Patnaik                   ....       Opp. Party
                                                          Mr. Suvashish Pattanaik, Advocate

                                             CORAM:
                                             JUSTICE K.R. MOHAPATRA
                                                      ORDER

                Order No.                            09.02.2023

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

2. Order dated 17th January, 2023 (Annexure-4) passed by learned Senior Civil Judge, Bhubaneswar in CS No.36 of 2022 is under challenge in this CMP, whereby an application filed by the Defendant/ Petitioner to adduce evidence from his side has been rejected.

3. Mr. Mishra, learned counsel for the Petitioner submits that since the argument in the suit has already been closed and the suit is posted to 16th March, 2023 for pronouncement of judgment no purpose will be served in pursuing the CMP at this stage. He, therefore, prays for withdrawal of the CMP to raise the issue involved in the CMP before the appellate Court in view of Section 105 CPC, if cause of action survives.

4. Accordingly, the CMP is disposed of as withdrawn.

(K.R. Mohapatra) Judge

s.s.satapathy