Katimani Saw & Others vs Dinabandhu Saw & Others
2023 Latest Caselaw 6302 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    SAO No.8 of 2023

            Katimani Saw & Others                  ....            Appellants
                                     Mr. D.P.Mohanty, Advocate & Associates


                                          -Versus-

            Dinabandhu Saw & Others                    ....          Respondents



                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK

                                         ORDER

17.05.2023 Order No.

1. 1. Heard Mr. Mohanty, learned counsel for the appellants.

2. Instant appeal is filed at the behest of the appellants (defendants before the trial court) challenging the impugned judgment under Annexure-1 in RFA No. 96 of 2013 dated 17th March, 2023 whereby the appeal was allowed on contest and remitted back the suit after setting aside the impugned judgment and decree dated 5th January, 2013 for fresh trial by bringing into the records the L.Rs of the deceased defendant No.4 (Ka) and for retrial and confined the defence for the L.Rs of the deceased- defendant only and not others.

3. Mr. Mohanty, learned counsel for the appellants submits that such remand providing opportunity to defend only in respect of the L.Rs of the deceased defendant No.4 (Ka) is unjustified considering the nature of relief sought for and suit being related to partition of the schedule property.

4. Notice to respondent No.1 by registered post with A.D. making it returnable at an early date and for the said purpose, Mr. Mohanty, learned counsel for the appellants is directed to file the requisites within a week from today.

5. No notice need be issued to the other respondents for the present.

6. List on 13th July, 2023 for appearance of respondents No.1.

(R.K.Pattanaik) Judge

I.A. No. 28 of 2023

2.

1. Mr. Mohanty, learned counsel for the appellants submits that in view of the remand by the lower appellate court, the court of learned Additional Civil Judge (Sr.Division), Balasore is likely to proceed with the suit in C.S. No. 561 of 1996 and hence, till the time, the appeal is disposed of, the impugned order under Annexure-1 should be stayed in the interest of justice.

2. As an interim measure, this Court directs stay of further proceeding in C.S. No. 561 of 1996 pending before the learned Additional Civil Judge (Sr.Division), Balasore till the next date.

3. List on the date fixed.

4. A certified copy of this order be issued as per rules.

              kabita



                                                                             (R.K.Pattanaik)
Signature Not Verified                                                            Judge
Digitally Signed
Signed by: KABITARANI MAJHI
Designation: Secretary
Reason: Authentication
Location: OHC,Cuttack
Date: 20-May-2023 11:52:48