Sophia Junior College vs Dula Dei And Others ..... Opposite ...
2026 Latest Caselaw 2477 Ori

Orissa High Court

Sophia Junior College vs Dula Dei And Others ..... Opposite ... on 16 March, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CMP No.475 of 2026

            Sophia Junior College, Link             .....                 Petitioners
            Road, Cuttack and another
                                                            Represented by Adv. -
                                                            Mr. Ashok Kumar Sarangi

                                              -versus-

            Dula Dei and others                     .....            Opposite Parties


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

16.03.2026 Order No.

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

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

3. The Petitioners, who happens to be the Defendants No.1 & 4 in Civil Suit No.135 of 2016 pending before the learned Civil Judge (Junior Division), 1st Court, Cuttack, have approached this Court by filing the present CMP application under Article 227 of the Constitution of India thereby challenging the order dated 09.04.2025 passed by the learned Civil Judge (Junior Division), 1st Court, Cuttack in C.S. No.135 of 2015, which has been passed on an application filed by the Defendant No.1 under Order-13 Rule-10 of C.P.C. for production of certain official documents from the office of the Tahasildar, Baranga.

4. Learned counsel for the Petitioners, at this juncture, contended that the Petitioners have seriously prejudiced by the impugned order

dated 09.04.2025 thereby rejecting the prayer for production of the mutation record, which is relevant for just decision of the issue involved in the suit.

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

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

7. List this matter in the week commencing 27th April, 2026.

8. Heard the learned counsel for the Petitioners.

9. Issue notice as above.

10. Accept one set of process fee.

11. As an interim measure, it is directed that let the proceeding of the suit in C.S. No.135 of 2016 pending in the court of the learned Civil Judge (Junior Division), 1st Court, Cuttack, shall continue, however the final judgment in the same shall not be delivered without leave of this Court.

( A.K. Mohapatra ) Judge

Debasis