Kuntala Kumari Padhan & vs Chandramani Nayak & .... Opposite ...
2025 Latest Caselaw 5502 Ori

Orissa High Court

Kuntala Kumari Padhan & vs Chandramani Nayak & .... Opposite ... on 28 March, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                               TRP(C) No.211 of 2019

                 Kuntala Kumari Padhan &           ....        Petitioners
                 ors.
                                                Mr. G.P. Jena, Advocate

                                        -versus-
                 Chandramani Nayak &               .... Opposite Parties
                 anr.


                  CORAM: JUSTICE SANJAY KUMAR MISHRA


                                       ORDER

28.03.2025 Order No.

03. This matter is taken up through hybrid mode.

2. This matter has been listed under the heading "For Orders" for removal of defects. The transfer petition has been filed for transfer of MACT Case No.283 of 2013, pending in the Court of III MACT, Bhanjanagar to the Court of MACT, Bhubaneswar.

3. However, neither the defects pointed out by the office have been removed nor the application for transfer was moved till date.

4. A query being made as to present status of MACT Case 283 of 2013, Mr. G.P. Jena, learned Counsel for the Petitioner submits, as per the instruction received, the said case is still pending.

5. However, in view of the judgment of this Court reported in 2024 Live Law (Orissa) 72 (Gulsan Bibi & ors. Vs. Swapan Kumar Ghos & ors.), this Court is of the view that the Petitioner should have preferred a writ petition and the present transfer petition filed under section-24 of the Code of Civil Procedure is not maintainable.

6. At this stage, Mr. Jena, learned Counsel for the Petitioner prays for withdrawal of the transfer petition with liberty to approach this Court, if any cause of action still survives.

7. In view of such submission made, the matter stands dismissed as withdrawn with liberty as prayed for, subject to pendency of MACT No.283 of 2013.

(S.K. MISHRA) Banita JUDGE

Signed by: BANITA PRIYADARSHINI PALEI

Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Mar-2025 16:09:31