Orissa High Court
Basanti Giri & Others vs Sudhir Chandra Giri .... Opposite Party on 23 April, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.1068 of 2024
Basanti Giri & others .... Petitioners
Mr. K.Gaya, Advocate along with
Mr.S.P.Dash, Advocate
-Versus-
Sudhir Chandra Giri .... Opposite Party
None
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
23.04.2025
Order No.
01. 1. This matter is taken up through virtual mode.
2. Heard Mr. Gaya, learned counsel for the petitioners.
3. No notice is issued to opposite party as the matter is
disposed of at the stage of admission.
4. Instant petition is filed by the petitioners challenging the
impugned judgement dated 5th October, 2024 in FAO No.40 of
2023 arising out of the order of learned 2nd Additional Senior Civil
Judge, Baripada in CMA No. 05 of 2022 on the grounds stated.
5. Mr. Gaya, learned counsel for the petitioners submits that
ex parte judgment and decree in the suit could not have been set
aside at the instance of the opposite party, namely, defendant No.1
in the suit. The submission is that the material evidence received
from the opposite party was accepted by learned 2nd Additional
Civil Judge (Senior Division), Baripada, while setting aside the ex
parte judgment and decree in the suit confirmed in FAO No. 40 of
2023 without any proper reasons assigned therefor.
6. Perused the impugned order as at Annexure-3. Considering
the fact that the opposite party defaulted on account of illness and
upon receiving such evidence, the judgment and decree in the suit
has been set aside confirmed in CMA No. 05 of 2022, considering
the reasons assigned and though, it is objected to by Mr. Gaya,
learned counsel for the petitioners, the Court is not inclined to
intervene instead is of the view that the suit should be heard and
disposed of on merit in presence of the defendants including
opposite party No.1. In other words, the impugned order as at
Annexure-3 is found not to suffer from any legal infirmity. The
Court is also of the view that as the suit is of the year, 2019, early
disposal of the same should be directed upon the request received
from Mr. Gaya, learned counsel for the petitioners.
7. Accordingly, it is ordered.
8. In the result, the petition stands disposed of with direction
as aforesaid. It is further directed that learned 2nd Additional Civil
Judge (Senior Division), Baripada shall do well to consider disposal
of suit in C.S. No-105/451 of 2019/2021 at the earliest preferably
within a period of four weeks from the date of receipt of a copy of
this order.
9. In the circumstances, however, there is no order as to costs.
10. Urgent certified copy of this order be issued as per rules.
Kabita
(R.K. Pattanaik)
Digitally Signed
Signed by: KABITARANI MAJHI Judge
Reason: Authentication
Date: 25-Apr-2025 18:04:09
