Hemanta Kumar Nayak vs Bilasini Dei & Ors. ..... Opposite ...
2026 Latest Caselaw 351 Ori

Orissa High Court

Hemanta Kumar Nayak vs Bilasini Dei & Ors. ..... Opposite ... on 15 January, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CMP No.48 of 2026
            Hemanta Kumar Nayak           .....     Petitioner
                                                              Represented by Adv. -
                                                              Amit Prasad Bose

                                          -versus-
            Bilasini Dei & Ors.                  .....             Opposite Parties
                                                              Represented by Adv. -

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

                                         ORDER

15.01.2026 Order No.

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

2. Heard learned Senior Counsel for the Petitioner. Perused the application as well as the prayer made therein.

3. By filing the application under Article 227 of the Constitution of India, the plaintiff-petitioner challenges the order dated 27.10.2025 passed in CS No.64 of 2023 by the learned Civil Judge, Senior Division, Chandikhole.

4. Learned Senior Counsel for the plaintiff-Petitioner at the outset contended that the suit schedule consists of two schedules. After closure of the evidence from the side of the plaintiff and at a commencement of the evidence of the defendant, the plaintiff filed an application under Order 6 Rule 17 of the CPC to delete one of the plaint schedule properties. Such application having been rejected by the learned trial court, the Petitioner has approached

this Court by filing the present application.

5. Taking into consideration the nature of the order dated 27.10.2025, the matter requires further consideration in presence of the Opposite Parties. Hence, issue notice to all the Opposite Parties by Speed post with A.D fixing a short returnable date.

6. Requisites for issuance of notice be filed within a week.

7. List this matter in the week commencing 23.02.2026.

8. Heard learned Senior Counsel for the Petitioner.

9. Notice as above.

10. Accept one set of process fee.

11. As an interim measure, it is directed that further proceeding in the suit bearing CS No.64 of 2023 shall continue, however, no final judgment shall be delivered without the leave of this Court.

( A.K. Mohapatra) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 16-Jan-2026 19:19:04