Asha Devi & Ors vs Suresh Kumar Lakhotia & .... Opposite ...
2025 Latest Caselaw 6788 Ori

Orissa High Court

Asha Devi & Ors vs Suresh Kumar Lakhotia & .... Opposite ... on 7 April, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             TRP(C) No.362 of 2019

                 Asha Devi & ors.                      ....         Petitioners
                                                    Ms. A. Ray, Proxy Counsel

                                              -versus-
                 Suresh Kumar Lakhotia &                 .... Opposite Parties
                 anr.


                  CORAM: JUSTICE SANJAY KUMAR MISHRA


                                              ORDER

07.04.2025 Order No.

03. This matter is taken up through hybrid mode.

2. Ms. A. Ray, learned Proxy Counsel, on behalf of Mr.B.K. Ragada, learned Counsel for the Petitioners is present.

3. Though pursuant to order dated 13.12.2019 notice was issued to the Opposite Parties through Registered/Speed Post with A.D. fixing the date of appearance to 31.01.2020, as per the office note, neither the ADs nor the undelivered notices returned from the said Opposite Parties.

4. However, in view of the provisions enshrined under sub-Rule 5 of Rule-9 under Order-5 of CPC, read with Section-27 of the General Clauses Act, 1897, notices on the Opposite Parties are held to be sufficient.

5. This transfer petition has been filed for transfer of MACT Case No.81 of 2015 from the Court of District Judge-1st MACT, Sambalpur to the 1st MACT, Cuttack.

6. Admittedly, there is no application for stay of further proceeding in MACT Case No.81 of 2015.

7. A query being made as to present status of MACT Case No.81 of 2015, learned Proxy Counsel for the Petitioner is unable to apprise this Court as to the present status of the said Case.

8. However, in view of the judgment of this Court reported in 2024 Live Law (Orissa) 72 (Gulsan Bibi & ors. Vs. Swapan Kumar Ghos & ors.), this Court is of the view that the Petitioner should have preferred a writ petition and the present transfer petition filed under section-24 of the Code of Civil Procedure is not maintainable.

9. Hence, learned Proxy Counsel for the Petitioner prays for withdrawal of the transfer petition with liberty to approach this Court, if any cause of action still survives.

10. In view of such submission made, the transfer petition stands dismissed as withdrawn with liberty, as prayed for.

(S.K. MISHRA) Banita JUDGE

Signed by: BANITA PRIYADARSHINI PALEI

Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Apr-2025 16:38:57