Sk Nizamuddin Ali vs Rajesh Baxla & Ors. ..... Opposite ...
2026 Latest Caselaw 1174 Ori

Orissa High Court

Sk Nizamuddin Ali vs Rajesh Baxla & Ors. ..... Opposite ... on 9 February, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CMP No.267 of 2026
            Sk Nizamuddin Ali              .....     Petitioner
                                                            Represented by Adv. -
                                                            Sunil Kumar Panda

                                          -versus-
            Rajesh Baxla & Ors.                  .....           Opposite Parties
                                                           Represented by Adv. -

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA

                                              ORDER

Order No.                                    09.02.2026


    01.        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 No.6 in the suit seeks to challenge order dated 06.01.2024 passed by the learned Senior Division, Civil Judge LR & LTV, Jharsuguda, whereby the petition dated 19.12.2023 of the Petitioner filed in C.S. No.8 of 2014 has been disposed of by the learned trial court without considering the objection of the Defendant No.6 to the Exhibit Nos.4 & 5.

4. Learned counsel for the Petitioner at the outset contended that although specific objection was raised to the Exhibit Nos.4 & 5, however the same has not been considered by the learned trial court while marking them as an exhibit. Being aggrieved by such conduct

of the learned trial court the Petitioner has approached this Court by filing the present CMP application.

5. On perusal of the impugned order dated 06.01.2024 passed in C.S. No.8 of 2014, this Court observed that while considering the application of the Petitioner dated 19.12.2023, the learned trial court has granted liberty to the Defendant No.6 to raise objection at the time of hearing of the suit with regard to the Exhibit Nos.4 & 5 which shall be duly considered.

6. Taking into consideration the aforesaid liberty granted to the Defendant Nos.6, this Court is of the view that the impugned order does not call for any interference. Accordingly, the present CMP application is being disposed of with the liberty granted by the learned trial court to the Defendant No.6 to raise the objection with regard to the Exhibit Nos.4 & 5 at the time of hearing of the suit.

7. With the aforesaid observations and directions, the CMP application is disposed of.

( A.K. Mohapatra) Judge Rubi