Orissa High Court

Mayadhar Jena vs Sudarshan Pradhan & Others .... ... on 15 May, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CMP No.1353 of 2024
            Mayadhar Jena                              ....              Petitioner
                                                        Mr. A.B.Lenka, Advocate
                                            -Versus-
            Sudarshan Pradhan & others                 ....        Opposite parties



                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK
                                          ORDER

15.05.2025 Order No.

01. 1. Heard learned counsel for the petitioner.

2. Instant petition is filed by the petitioner challenging the impugned decision by order dated 7th October, 2024 as at Annexure-6 passed in connection with C.M.A. No.314 of 2021 by learned Civil Judge (Junior Division), Bhadrak thereby setting aside the judgment dated 25th June, 2021 and decree in C.S. No. 120 of 2021.

3. Learned counsel for the petitioner submits that instead of challenging the judgment and decree in the suit, learned court below entertained the CMA and exercising powers under Section 151 CPC set aside the same, which is not permissible under law. Considering the facts pleaded on record and submission of learned counsel for the petitioner, the Court is inclined to issue notice to the opposite parties for a reply and response.

4. Hence, it is ordered.

5. Notice to the opposite parties by Registered Post with AD making it returnable at an early date and for the said purpose, requisites shall be filed by learned counsel for the petitioner within seven working days.

6. List on 17th July, 2025 for hearing and orders.

(R.K.Pattanaik) Judge

1. Heard.

2. Instant petition is filed by the petitioner for interim orders.

3. This Court, as an interim measure, awaiting appearance of the opposite parties stays the impugned order dated 7th October, 2024 i.e. Annexure-6 in C.M.A. No. 314 of 2021 by learned Civil Judge (Junior Division), Bhadrak 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

kabita