Sagarika Panigrahi vs ) Satyabhama Nayak ..... Opposite ...
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Orissa High Court

Sagarika Panigrahi vs ) Satyabhama Nayak ..... Opposite ... on 12 January, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CMP No.31 of 2026
            Sagarika Panigrahi              .....       Petitioner
                                                              Represented by Adv. -
                                                              Mr. Bhaskar Chandra
                                                              Panda

                                           -versus-
            1) Satyabhama Nayak                       .....        Opposite Parties
            2) Kumari Nayak
            3) Bala Nayak
            4) Nirupama Senapati
            5) Runu Nayak
            6) Jhunu Nayak

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

3. By filing the present application under Article 227 of the Constitution of India, the Petitioner-Defendant No.1 seeks to challenge the order dated 28.07.2025 passed by the learned Civil Judge, Senior Division, Kodala, Ganjam in C.S. No.51 of 2023.

4. By virtue of the order dated 28.7.2025, the trial court has rejected the prayer of the Petitioner-Defendant No.1 to accept the written statement, which was filed admittedly beyond the period of limitation as prescribed in the statute.

5. Learned counsel for the Petitioner further contended that the medical certificate, which was filed by the Petitioner Defendant No.1, was disbelieved by the trial court for no reason and, accordingly, the trial court has gone into reject the prayer for acceptance of Written statement.

6. Considering the submission and well as the pleadings for claim, this Court is of the view that the matter requires further examination in presence of the Opposite Parties.

7. Hence, issue notice to the Opposite Parties No.1 to 5 by Speed Post with A.D. by fixing a short returnable date. Requisites for issuance of notice be filed within three working days hence.

8. Notice to proforma Opposite Party No.6 is dispensed with for the time being.

9. List this matter in the week commencing 23rd February, 2026.

10. Heard the learned counsel for the Petitioner.

11. As an interim measure, it is directed that further proceeding in C.S. No.51 of 2023 pending in the court of learned Civil Judge, Senior Division, Kodala, Ganjam 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.

(Aditya Kumar Mohapatra)

Debasis