Nabaghana Sahoo v. Ajodhya Swain & Ors.
Case at a glance
- Bench
- K R MOHAPATRA
Provisions considered
- Code of Civil Procedure, 1908 O. XXXIX r. 4
Key paragraphs
- Para 55. In view of such submission, the CMP is disposed of as withdrawn.
Judgment
Mr. Panchanan Panigrahi, Advocate -versus- Ajodhya Swain and others …. Opp. Parties CORAM: JUSTICE K.R. MOHAPATRA Order No. ORDER 18.01.2023 This matter is taken up through hybrid mode.
1.
The Petitioner in this CMP seeks to assail the order dated 21st October, 2022 (Annexure-4) passed by learned Civil Judge (Senior Division), Jajpur Road in I.A. No. 137 of 2022 (arising out of C.S. No. 203 of 2006) filed under Order XXXIX Rule 4 C.P.C.
Since impugned order under Annexure-4 appealable under Order XLIII Rule 1(r) C.P.C., I am not inclined to interfere with the impugned order under Annexure-4.
At this stage, Mr. Panigrahi, learned counsel for the Petitioner prays for withdrawal of CMP to file a properly constituted appeal under Order XLIII Rule 1(r) C.P.C.
In view of such submission, the CMP is disposed of as withdrawn.
Certified copy of Annexure-4 shall be returned to the learned counsel for the Petitioner on substitution of attested photocopy thereof. Urgent certified copy of this roder be granted on proper application. (K.R. Mohapatra) Judge
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.