Salkhu Soren @ Majhi vs Rabi Naik ..... Opposite Parties
2026 Latest Caselaw 1034 Ori

Orissa High Court

Salkhu Soren @ Majhi vs Rabi Naik ..... Opposite Parties on 5 February, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CMP No.158 of 2026
            Salkhu Soren @ Majhi           .....     Petitioner
                                                           Represented by Adv. -
                                                           Sarada Prasad Dash

                                         -versus-
            Rabi Naik                          .....            Opposite Parties
                                                          Represented by Adv. -

                                  CORAM:
                   MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                         ORDER

05.02.2026 Order No.

02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein.

3. By filing the present CMP application under Article 227 of the Constitution of India, the Defendant-Petitioner in C.S. No.170 of 2018 pending before the learned Additional Civil Judge (Senior Division), Baripada has approached this Court challenging order dated 05.01.2026.

4. By virtue of the impugned order dated 05.01.2025 at Annexure-1, the learned trial Court has rejected the prayer of the Defendant-Petitioner under Order 26 Rule 9 of CPC. Learned counsel for the Petitioner at the outset contended that a suit may filed by the Plaintiff claiming right, title and interest over a portion of land that belongs to the Defendant. Accordingly, the defendant filed an application under Order 26 Rule 9 after evidence on the Plaintiff side

was closed but before the evidence from the Defendants side commenced. Such application having been rejected by the learned trial Court, the Petitioner has approached this Court by filing the present CMP application. Perused the order dated 05.01.2026 which is impugned in the present CMP application. On close scrutiny of the aforesaid order, this Court is of the view that the learned trial Court has not committed any illegality as the evidence on the Defendant side has not yet commenced. As such, the order dated 05.01.2026 does not call for any interference. However while disposing of the present CMP application liberty is granted to the Defendant to move another application under Order 26 Rule 9 of CPC after closure of the evidence of the Defendant side and, in such eventuality, the learned trial Court shall consider such application in accordance with law.

5. With the aforesaid observation and direction, the CMP application stands disposed of.

( A.K. Mohapatra ) Judge

Sisir

Designation: Personal Assistant