Orissa High Court
Sarat Kumar Dash vs Rajani Pani@ Dash & Others .... Opposite ... on 24 March, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.442 of 2025
Sarat Kumar Dash .... Petitioner
Ms. Mamata Mishra, Advocate
-Versus-
Rajani Pani@ Dash & others .... Opposite Parties
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
24.03.2024
Order No.
01. 1. Though the matter is not listed today, on being mentioned
by learned counsel for the petitioner, it is taken up on Board by a
Special Notice.
2. Heard Ms. Mishra, learned counsel for the petitioner.
3. Instant petition is filed by the petitioner challenging the
impugned order as at Annexure-1 passed in connection with T.S.
No. 111 of 2001 by the learned Civil Judge (Senior Division), Jajpur,
whereby, an application filed seeking examination of the LTI of
plaintiff No.2, namely, opposite party No.2 on a sale deed
purportedly executed in favour of plaintiff No.1 by a finger print
expert has been declined.
4. In course of hearing Ms. Mishra, learned counsel for the
petitioner submits that opposite party No.2, namely, plaintiff No.2
has filed affidavit evidence as at Annexure-6 series for her deletion
as one of the plaintiffs. At the same time, opposite party No.2
declined to have put her LTI on any such sale deed executed in
favour of opposite party No.1, namely, plaintiff No.1. With such
evidence on record, the petitioner as one of the defendants moved
the learned court below with a request for sending the sale deed in
question for examination of the LTI of opposite party No.2 by an
expert which has, however, been denied but the same is absolutely
necessary in the interest of justice.
5. Considering the facts pleaded on record and submission of
Ms. Mishra, learned counsel for the petitioner, the Court is inclined
to issue notice to the opposite parties for a response.
6. Hence, it is ordered.
7. Notice.
8. Notices to the opposite parties through a Special Messenger
subject to deposit of cost by tomorrow.
9. Awaiting appearance and reply of the opposite parties and
in particular, opposite party No.1, list on 28th March, 2025 for
orders.
(R.K. Pattanaik)
Judge
02. 1. Heard Ms. Mishra, learned counsel for the petitioner.
2. Instant petition is filed for interim orders on the ground.
3. It is informed to the Court by Ms. Mishra, learned counsel
for the petitioner that the suit is posted today for judgment in
connection with T.S. No. 111 of 2001 which has been not delivered
as yet. Considering such submission, peculiar facts pleaded on record
and awaiting appearance of the opposite parties with response from
them with regard to Annexure-7, an application filed in terms of
Order 26 Rule 10 CPC, this Court, as an interim measure, directs
learned Civil Judge (Senior Division), Jajpur to defer the disposal of
the same till the next date.
4. List on the date fixed for further orders.
5. Urgent copy of this order be issued as per the rules and in
course of the day.
(R.K. Pattanaik)
Judge
kabita
