Altaf Khan vs Ajharuddin Khan And Others
2025 Latest Caselaw 7578 Ori

Orissa High Court

Altaf Khan vs Ajharuddin Khan And Others on 25 April, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  SAO No.3 of 2025
            Altaf Khan                                 ....              Appellant
                                                     Mr. H. Mohapatra, Advocate
                                          -Versus-

            Ajharuddin Khan and others                 ....           Respondents


                         CORAM:
                         MR. JUSTICE R.K. PATTANAIK
                                         ORDER

Order No.                              25.04.2025

    01.     1.      This matter is taken up for hearing through virtual mode.

2. Heard Mr. Mohapatra, learned counsel for the appellant.

3. Instant appeal is filed challenging the correctness of the impugned judgment dated 24th December, 2024 passed in R.F.A. No.14 of 2024 by learned Additional District Judge, Nimapara on the grounds stated.

4. Mr. Mohapatra, learned counsel for the appellant submits that the appellant is the father of respondent No.1. It is further submitted that during life time of the appellant, the said respondent son does not have any right over the suit schedule property under the Mohammedan law. With such submission, an application under Order 7 Rule 11 CPC for rejection of the plaint was filed by the appellant, as according Mr. Mohapatra, learned counsel for the appellant, which was allowed vide Annexure-4 but overturned in R.F.A. No.14 of 2024.

5. Considering the facts pleaded on record and submission of Mr. Mohapatra, learned counsel for the appellant, as above, the Court is inclined to issue notice to respondent No.1 only. Notices

vis-à-vis respondent Nos.3 to 6 are hereby dispensed with for the present.

6. Notice to respondent No.1 by Registered Post with AD making it returnable at an early date and for the said purpose, requisites shall be filed by Mr. Mohapatra, learned counsel for the appellant within next seven day positively.

7. List on 4th July, 2025 for orders.

(R.K. Pattanaik) Judge

1. Heard.

2. Instant petition is filed for interim orders.

3. Mr. Mohapatra, learned counsel for the appellant referring to the facts narrated herein above submits that the impugned judgment under R.F.A. No.14 of 2024 is required to be stayed in the interest of justice.

4. Awaiting appearance of respondent No.1, recording the above submission, this Court, as an interim measure, directs stay of the further proceeding in C.S. No.10 of 2024 pending in the file of learned Civil Judge, Junior Division, Nimapara till the next date.

5. List on the date fixed for further orders.

6. Urgent copy of this order be issued as per rules.

(R.K. Pattanaik)

Designation: Junior Stenographer

Rojina Date: 26-Apr-2025 17:13:10