Abdul Hakim Khan vs Asif Ali Khan And Another .... Opp. ...
2024 Latest Caselaw 16244 Ori

Orissa High Court

Abdul Hakim Khan vs Asif Ali Khan And Another .... Opp. ... on 5 November, 2024

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 06-Nov-2024 13:02:02
                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                                   CMP No. 1035 OF 2024
                                               Abdul Hakim Khan                           ....        Petitioner
                                                                              Mr. Niranjan Panda, Advocate
                                                                         -versus-
                                               Asif Ali Khan and another                  ....     Opp. Parties


                                                    CORAM:
                                                    JUSTICE K.R. MOHAPATRA
                                                                     ORDER

                      Order No.                                     05.11.2024
                            1.            1.      This matter is taken up through hybrid mode.

2. Judgment dated 8th May, 2024 (Annexure-2) passed in F.A.O. No. 39 of 2023 is under challenge in this CMP, whereby dismissing the appeal learned Additional District Judge, Salipur confirmed the order dated 27th June, 2023 (Annexure-1) passed by learned Civil Judge (Senior Division), Salipur in CMA No.34 of 2023 (arising out of C.S. No.102 of 2022), rejecting an application filed by the Plaintiff-Petitioner under Order XXXIX Rule 4 read with Section 151 CPC seeking permission to thatch his residential house.

3. In course of hearing, Mr. Panda, learned counsel for the Petitioner submits that since there exists a dispute with regard to existence of thatched house over the suit Plot No.1956, interest of justice will be best served, if the Petitioner moves learned trial Court for appropriate direction for a local inspection or to depute a Survey knowing Commissioner for that purpose. He, therefore, prays for withdrawal of the CMP.

Designation: Senior Stenographer

Location: High Court of Orissa, Cuttack Date: 06-Nov-2024 13:02:02

4. The CMP is accordingly disposed of as withdrawn with an observation that if any application, as stated above is filed, the same shall be considered in accordance with law.

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

                                                                          (K.R. Mohapatra)
              ms                                                                Judge