Bishnu Prasad Agrawal vs Satyanarayan Agrawal & Ors. ..... ...
2026 Latest Caselaw 239 Ori

Orissa High Court

Bishnu Prasad Agrawal vs Satyanarayan Agrawal & Ors. ..... ... on 12 January, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CMP No.2135 of 2025
            Bishnu Prasad Agrawal          .....     Petitioner
                                                           Represented by Adv. -
                                                           Sumitra Mohanty

                                      -versus-
            Satyanarayan Agrawal & Ors.        .....            Opposite Parties
                                                            Represented by Adv. -

                                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. Heard learned counsel for the Petitioner. Perused the application.

3. The present application has been filed under Article 227 of the Constitution of India thereby challenging order dated 11.12.2025 by the learned Civil Judge-cum-Senior Division, Kantabanji thereby allowing the application of the Opposite Party to examine the son of the Defendant No.2 power of attorney.

4. Learned counsel for the Petitioner at the outset contended that without first exhausting the alternative modes of examination of such power of attorney, who is a material witnesses, the learned trial court has allowed the application for examination of his son. Such procedure followed by the learned trial court is assailed on the ground that the same is absolutely illegal.

5. Taking into consideration the aforesaid submission, this Court is of the view that the matter requires further examination in presence of the Opposite Party. Hence, issue notice to the Opposite Party No.1 by speed post with A.D fixing a short returnable date.

6. Requisites shall be filed within three working days.

7. List this matter in the week commencing 23.02.2026.

8. Notice to Opposite Party Nos.2 to 14 is waived for the time being.

9. Heard.

10. Notice as above.

11. Accept one set of process fee.

12. As an interim measure, it is directed that the let the further proceeding shall continue in C.S No.50/10 of 2001-13, however, no final judgment shall be delivered without the leave of this Court till the next date.

( A.K. Mohapatra ) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 13-Jan-2026 19:53:39