Ganta Lingaraj Reddy v. Bachu Judhistir Reddy & Ors.
Case at a glance
- Bench
- K R MOHAPATRA
Provisions considered
Key paragraphs
- Para 44. In view of such submission, the CMP is disposed of as withdrawn.
Judgment
Petitioner Mr. Jagdish Biswal, Advocate ..… -versus- Bachu Judhistir Reddy and others …. Opp. Parties CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 17.08.2022
This matter is taken up through Hybrid mode.
Petitioner in this CMP seeks to assail the order dated 2nd September, 2022 (Annexure-7) passed by learned 1st Additional Civil Judge (Senior Division), Berhampur in CS No.321 of 2012, wherein, an application for dismissal of the suit was rejected.
In course of hearing, Mr. Biswal, learned counsel submits that the order impugned herein is revisable. Hence, he prays for withdrawal of the CMP to enable the Petitioner to file properly constituted revision under Section 115 CPC.
In view of such submission, the CMP is disposed of as withdrawn.
4.1 However, it is observed that while considering an application for condonation of delay in filing the revision, learned revisional Court may take into consideration the period of pendency of this CMP from 10th August, 2022 to till date along with other grounds. // 2 //
Certified copy of order under Annexure-7 shall be returned to learned counsel for the Petitioner on being substituted with attested photocopy thereof. Issue urgent certified copy of the order on proper application. (K.R. Mohapatra) Judge s.s.satapathy
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.