Sushant Kumar Mishra And Others vs Naba Kumar Mishra And Others .... ...
2025 Latest Caselaw 6816 Ori

Orissa High Court

Sushant Kumar Mishra And Others vs Naba Kumar Mishra And Others .... ... on 8 April, 2025

Author: Savitri Ratho

Bench: Savitri Ratho

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CMP No.519 of 2025

       Sushant Kumar Mishra and others                   ....         Petitioners
                                                         Mr.S.S.Dash, Advocate
                                  -versus-
       Naba Kumar Mishra and others                       ....    Opposite Parties

                  CORAM:
                     HON'BLE MS. JUSTICE SAVITRI RATHO
                                   ORDER

Order No.                         08.04.2025
01.                            (Through Hybrid mode)

1. This CMP has been filed by the plaintiffs-judgment decree holders

challenging the order dated 12.03.2025 (which has been typed as

"impugned order dated 22.03.2025" in the index) passed in I.A.No.66 of

2025 arising out of Execution Case No.04 of 2000 by the learned Civil

Judge (Junior Division), Jaleswar.

2. Learned counsel for the petitioners files a corrected index which is

taken on record.

3. Allowing the petition dated 10.03.2025 of the petitioners-judgment

debtors seeking permission to cross-examine the Judgment Debtors

witness on the grounds stated therein, vide the order dated 12.03.2025, the

prayer of the counsel to declare the P.W.1 as hostile as per Section 154 of

the Indian Evidence Act was allowed and the P.W.1 was declared hostile.

4. Heard Mr.S.S.Dash, learned counsel for the petitioner.

5. Issue notice to the opposite parties on the question of admission by

registered/speed post with A.D., returnable within three weeks. Requisites

for issue of notice shall be filed by 11.04.2025.

6. List this matter on 06.05.2025.

7. Issue notice as above. Accept one set of process fee.

8. Further proceeding in I.A.No.66 of 2025 arising out of Execution

Case No.04 of 2000 pending in the Court of the learned Civil Judge

(Junior Division), Jaleswar shall remain stayed till the next date.

(Savitri Ratho)

Judge Bichi

Signed by: BICHITRANANDA SAHOO