Adarini Mohanty vs Bhikari Charan Tipiria @ Tipria ..... ...
2026 Latest Caselaw 235 Ori

Orissa High Court

Adarini Mohanty vs Bhikari Charan Tipiria @ Tipria ..... ... on 12 January, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CMP No.2108 of 2025
            Adarini Mohanty               .....       Petitioner
                                                         Represented by Adv. -
                                                         Mr. Anupam Dash

                                          -versus-
            Bhikari Charan Tipiria @ Tipria     .....        Opposite Parties
            and others
                                                         Mr. Bigyan Kumar
                                                         Sharma, Senior
                                                         Advocate

                                                         Mr. Sudeepta Kumar
                                                         Singh, Advocate for the
                                                         O.P. No.1

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

                                           ORDER

12.01.2026 Order No.

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

2. A Memorandum in favour of Mr. Bigyan Kumar Sharma, learned Senior Advocate is filed by the learned counsel for the Opposite Party No.1 to plead for the Opposite Party No.1, which be kept on record. The name of Mr. Bigyan Kumar Sharma, Senior Advocate, be reflected in the cause list henceforth.

3. Mr. Sudeepta Kumar Singh, learned counsel, and his associates enter appearance on behalf of the Opposite Party No.1 by filing a Vakalatnama in Court today, which be kept on record. The name of Mr. Sudeepta Kumar Singh, learned counsel, and his

associates be reflected in the cause list henceforth.

4. Heard the learned counsel for the Petitioners. Perused the application.

5. The present application has been filed under Article 227 of the Constitution of India thereby challenging the order dated 01.11.2025 passed by the learned Additional Civil Judge (Senior Division), Baripada in Civil Suit No.38 of 2013, thereby rejecting the application of the Petitioner-Defendant No.1 filed U/O-6, R-17 of C.P.C.

6. Issue notice to the Opposite Parties.

7. Since Sudeepta Kumar Singh, learned counsel enters appearance on behalf of the Opposite Party No.1, an extra copy of the CMP petition be served on him within three working days hence.

8. Notice to the Opposite Parties No.2 to 22 is waived for the time being.

9. List this matter in the week commencing 2nd February, 2026.

10. Heard the learned counsel for the Petitioner.

11. As an interim measure, it is directed that further proceeding in Civil Suit No.38 of 2013/T.S. No.1207 of 2014 pending before the learned Additional Civil Judge (Senior Division), Baripada shall continue, however, the final judgment in the same shall not

be delivered without leave of this Court.

12. The I.A. is disposed of.

( A.K. Mohapatra ) Judge

Debasis