Citation : 2026 Latest Caselaw 912 Ori
Judgement Date : 3 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No.182 of 2026
1) Bimal Kumar Mohanty ..... Petitioners
2) Bidyutlata Das Represented by Adv. -
3) Belarani Pattanayak Sumit Kumar Mohanty
4) Bijaylaxmi Mohanty @
Dasmohapatra
5) Bandita Mohanty @ Dev Goswami
6) Brajabala Das
-versus-
State Of Odisha ..... Opposite Party
Represented by Adv. -
Mr. C.M. Singh, ASC
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
03.02.2026 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the CMP application as well as the prayer made therein.
3. Being aggrieved by order dated 01.12.2025 passed in C.S. No.311 of 2019 by the learned Civil Judge (S.D.), Jaleswar thereby rejecting the application of the Petitioner filed under Order 26 Rule 9 of the CPC, the Petitioner has approached this Court by filing the present CMP application.
4. Hence, issue notice to the Opposite Parties by Speed Post with A.D. by fixing a short returnable date. Requisites be filed within three working days. Learned counsel for the State accepts notice on behalf of sole Opposite Party.
5. On the request of the learned counsel for the State, he is granted four weeks' time to obtain instruction in the matter.
6. List this matter in the week commencing 16.03.2026.
7. Heard.
8. As an interim measure, it is directed that on an application being filed by the Petitioner seeking adjournment before the learned trial court, learned trial court shall do well to adjourn C.S. No.311 of 2019 for a period of six weeks.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra ) Judge
Sisir
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