Kishore Naik And Another vs Sukanti Patel And Others
2024 Latest Caselaw 200 Ori

Orissa High Court

Kishore Naik And Another vs Sukanti Patel And Others on 4 January, 2024

Author: V. Narasingh

Bench: V. Narasingh

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   S.A.O No.4 of 2022

        Kishore Naik and another             ....                  Appellants
                                            Mr. P.K. Satapathy, Advocate
                                      -versus-

        Sukanti Patel and others             ....               Respondents



                          CORAM: JUSTICE V. NARASINGH
                                        ORDER

04.01.2024 Order No.

01. 1. Heard learned counsel for the Appellants.

2. Being aggrieved by the judgment and order passed by the learned Addl. District Judge, Sundargarh in R.F.A No.27/11 of 2017-21 setting aside the judgment and decree passed by the learned Senior Civil Judge, Sundargarh C.S. No.102 of 2007 and remanding the matter to the learned trial Court, the present SAO has been preferred by the Defendant-Appellant.

3. Learned counsel for the defendant draws the attention of this Court to the findings of the learned lower Appellate Court

"So the learned lower Court has not taken any wrong approach dismissing the suit of the plaintiffs in absence of the prayer for partition"

4. It is stated that notwithstanding such finding fallaciously remanded the suit purportedly to avoid multiplicity of litigation.

5. Taking into account the impugned order and submission of learned counsel for appellant, issue notice to the Respondent Nos.1 to 7 by speed Post. Requisites shall be filed by 09.11.2024.

6. List this matter on 15.02.2024.

(V. NARASINGH) Judge

Order No.

02. 1. As an interim measure, the further proceeding in C.S. No.102 of 2007 pending before the Senior Civil Judge, Sundargarh shall be stayed till the next date.

2. Urgent certified copy of this order be granted as per rules.

(V. NARASINGH) Judge Soumya

Signed by: SOUMYA RANJAN SAMAL

Location: High Court of Orissa Date: 05-Jan-2024 18:16:35