Poreddi Bhanumurty @ Porredi vs Poreddi Sravanti & Ors. ..... Opposite ...
2026 Latest Caselaw 627 Ori

Orissa High Court

Poreddi Bhanumurty @ Porredi vs Poreddi Sravanti & Ors. ..... Opposite ... on 22 January, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CMP No.138 of 2026
            Poreddi Bhanumurty @ Porredi     .....   Petitioner
            Bhanumurty
                                                              Represented by Adv. -
                                                              Suresh Kumar Jena

                                          -versus-
            Poreddi Sravanti & Ors.               .....            Opposite Parties
                                                              Represented by Adv. -

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

                                         ORDER

22.01.2026 Order No.

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

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

3. By filing the present application under Article 227 of the Constitution of India, the defendant-petitioner seeks to challenge the order dated 19.12.2025 passed by the learned Senior Civil Judge, Paralakhemundi in CS No.20 of 2025 whereby the application of the Petitioner under 151 of CPC is strike off some of the evidence in the evidence affidavit of the plaintiff which are not supported by the pleading has been rejected.

4. Learned counsel for the Petitioner at the outset contended that although the plaintiff has not taken any specific pleading, however, in his evidence in affidavit he has introduced certain new facts which were objected to by the defendants by filing an

application under Section 151 of CPC. Such application having been rejected, the Petitioner has approached this Court by filing the present CMP application.

5. Considering the submissions made by learned counsel for the Petitioner, this Court is of the view that the matter requires further examination in presence of the Opposite Party No.1- plaintiff.

6. Hence, issue notice to the Opposite Party No.1 by Speed post with A.D fixing a short returnable date. Requisites for issuance of notice be filed within three working days.

7. List this matter in the week commencing 09.03.2026.

8. Heard.

9. Notice as above.

10. Accept one set of process fee.

11. As an interim measure, it is directed that the further proceeding in the suit, i.e., CS No.20 of 2025 shall continue, however, no final judgment shall be delivered without the leave of this Court.

12. Accordingly, the I.A stands disposed of.

( A.K. Mohapatra) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 22-Jan-2026 18:26:10