Debashree Dash vs Jhili Prava Behera & Others .... ...
2025 Latest Caselaw 2914 Ori

Orissa High Court

Debashree Dash vs Jhili Prava Behera & Others .... ... on 24 January, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.42414 of 2023
        Debashree Dash                             ....              Petitioner

                                                   Mr. B. Bhuyan, Advocate

                                        -Versus-

        Jhili Prava Behera & others                ....       Opposite Parties
                                                   Mr. U.K. Samal, Advocate
                                                      Ms. S. Jena, Advocate
                   CORAM:
                   MR. JUSTICE R.K. PATTANAIK

                                       ORDER

Order                                 24.01.2025
No.
05.     1.      Heard learned counsel for the petitioner and Mr. Samal,

learned counsel for opposite party No.1 besides learned counsel for opposite party No.2

2. Mr. Samal, learned counsel for opposite party No.1 submits that the impugned decision in FAO No.09 of 2023 is justified and that apart, the question as to whether opposite party No.1 is having more than two children after the cut of date stands decided with the disposal of Election Misc. Case No.1 of 2012 followed by the judgment in FAO No.2 of 2015 marked as Exts. D/8 and D/9 respectively. It is further submitted that there has been manipulation of records, which was taken judicial notice of by learned court below, so revealed from Annexure-2. Recording such submission and also response of learned counsel for the petitioner, the Court is inclined to peruse the LCR, hence, directs learned Civil Judge (Junior Division), Bhuban, Dhenkanal to transmit it forthwith. Hence,

Registry is to take necessary steps ensuring the LCR to reach this Court at the earliest.

3. Awaiting receipt of the LCR, list the matter on 20th February 2025 for hearing and orders.

(R.K. Pattanaik) Judge

TUDU