Bhagaban Barik And Another vs Jagannath Behera
2025 Latest Caselaw 1837 Ori

Orissa High Court

Bhagaban Barik And Another vs Jagannath Behera on 29 July, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 SAO No.6 of 2020

            Bhagaban Barik and another              ....           Appellants

                                                    Mr. A.P. Bose, Advocate
                                        -Versus-
            Jagannath Behera                        ....          Respondent


                                                Mr. B. Mohapatra, Advocate
                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK
                                       ORDER

29.07.2025 Order No.

01. 1. Heard Mr. Bose, learned counsel for the appellants.

2. Instant appeal under Order 43 Rule 1(r) CPC is filed by the appellants challenging the impugned judgment and decree in RFA No.27/29 of 2020/2017 of learned 2nd Additional District Judge, Balasore on the ground.

3. It is submitted that learned court below could not have allowed an open remand ignoring the relevant provisions of Order 41 CPC and in particular, Rule 25 thereof and that part, no any issue was framed and formulated before such remand and besides that, the decree in cross-suit was set aside without a separate appeal being filed by the respondent. Recording such submission and facts pleaded on record, the Court is inclined to allow Mr. Mohapatra, learned counsel for the respondent to reply and for final orders on the date fixed.

4. List on 19th August, 2025 for final hearing and orders.

(R.K. Pattanaik) Judge

1. Heard.

2. Instant petition is filed for interim orders.

3. It is submitted by Mr. Bose, learned counsel for the appellants that in absence of a separate appeal by the respondent, any such restoration of the suit in C.S. No.651 of 2004 (9066/2014) cannot be proceeded with as the decree in the cross-suit stares at them. With such submission, the further proceeding in the suit is sought to be stayed. Considering the aforesaid submission, this Court, as an interim measure, stays the proceeding in C.S. No.651 of 2004 (9066/2014) pending in the Court of learned Additional Civil Judge, Senior Division, Balasore till the next date.

4. List on the date fixed for further orders.

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

(R.K. Pattanaik) Judge Signature Rojina Not Verified Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 30-Jul-2025 12:55:11