Amulya Kumar Mishra vs Manorama Sarangi & Anr. .... Opposite ...
2024 Latest Caselaw 486 Ori

Orissa High Court

Amulya Kumar Mishra vs Manorama Sarangi & Anr. .... Opposite ... on 9 January, 2024

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                      CRLREV No.552 of 2023

        Amulya Kumar Mishra                   ....            Petitioner
                                                   Mr. A. P. Bose, Adv.
                             -versus-
        Manorama Sarangi & Anr.       ....             Opposite Parties



                  CORAM:
                  DR. JUSTICE S.K. PANIGRAHI

                                 ORDER

Order                           09.01.2024
No.
 02.    1.      This   matter   is    taken   up     through     hybrid

        arrangement.

        2.      Heard.

        3.      Admit.

        4.      Call for the L.C.R.

        5.      Issue Notice.

6. The Petitioner has filed this CRLREV challenging

the order dated 12.09.2023 passed in Criminal Appeal

No.49/06 of 2015-17 (arising out of judgment dated

20.11.2015 passed in Criminal Misc. Case (DV) No.73 of

2010 by the learned J.M.F.C., Bargarh) by the court of

learned Additional District and Sessions Judge, Bargarh

wherein the learned court below has dismissed the

// 2 //

appeal filed by the Petitioner and further partly allowed

the judgment dated 20.11.2015 passed by the learned

J.M.F.C., Bargarh with a direction to the Petitioner to

hand over the keys of the house at Jharsuduga to the

Opposite Party for her free access and also directed to

add the Opposite Party as a party in the suit for partition

filed in the court of learned Civil Judge, Senior Division,

Jharsuguda and further directed the Petitioner to pay a

sum of Rs.1,00,000/- as compensation for the economic

abused caused to the Opposite Party by depriving her of

her legitimate right.

7. Learned counsel for the Petitioner submits that the

learned Appellate court has erred in passing the order of

handing over the key to the Opposite Party. Further, he

submits that the learned Appellate court could not have

passed such order, when it was apprised to the said court

that there was a partition suit pending before the learned

Competent Civil court.

8. In such view of the matter, let notice be issued to

the Opposite Party No.1 by Regd. Post with A.D., making

it returnable by 1st February, 2024. Requisites shall be

filed within three working days from today.

9. List this matter on 2nd February, 2024.

// 3 //

10. As an interim measure, there shall be stay of

operation of judgment dated 12.09.2023 passed in

Criminal Appeal No.49/06 of 2015-17 by the court of

learned Additional District and Sessions Judge, Bargarh

by the next date.

(Dr. S.K. Panigrahi) Judge Sumitra

Location: High Court of Orissa, Cuttack