Allowed

Binod Kishore Mohant v. Hiramoni Mohanty

Orissa HC9 Feb 2016WP(C)/786/2012

Case brief

AI extract

What is this about?

This bench allowed a writ petition set aside an impugned order rejecting an application for summoning a witness and producing a will. The High Court allowed the summons application and directed the trial court to dispose of the suit expeditiously.

What did the court decide?

Impugned order set aside; application for summoning the witness and production of the will allowed; cost deposit ordered; suit to be disposed of expeditiously.

Binod Kishore Mohant Vs Hiramoni Mohanty — Property and Title | Orissa HC (2016)

¶1

W.P.(C) NO.786 of 2012

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09.2Misc.2016 Case No.637 of 2012

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 Heard learned counsel for the parties.

¶5

 This writ petition has been filed challenging the order dated 17.12.2011, passed by th
e learned Civil Judge, (Sr.Divn.), Berhampur, in C.S.No.62 of 2005, rejecting the application
of the plaintiff-petitioner filed under Order 16 Rule 1 C.P.C., read with Section 151 C.M.C.,
for issue of summons to Smt. Sunanda Mohanty, wife of late David Emanual Mohanty through Court
, for production of the will and for her examination with regard to said will.

¶6

 Learned counsel appearing for the defendants-opposite parties has no serious objection
 to the prayer made by the plaintiff-petitioner, for summoning Smt. Sunanda Mohanty for causin

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g production of the will and her examination in that regard.

¶8

 Considering the submissions made, the impugned order is set aside.

¶9

 The application filed by the plaintiff-petitioner under Order 16 Rule 1 C.P.C. for sum
moning Smt. Sunanda Mohanty for her examination and for causing production of the will is allo
wed. The petitioner shall deposit the cost for issue of process to Smt. Sunanda Mohanty with
the learned trial Court within two weeks hence.

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 The writ petition and the Misc. Case are accordingly disposed of.

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Interim order dated 04.9.2013 stands vacated.

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As the civil suit is of the year 2005, learned trial Court shall take effective steps to dispose of the matter as expeditiously as possible.

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Issue urgent certified copy as per rules.

¶14

Office is directed to communicate this order to the learned trial Court forthwith.

¶15

(S.C.PARIJA, J.)

¶16

Binod Kishore Mohant v. Hiramoni Mohanty

Case brief

What is this about?

What did the court decide?

Binod Kishore Mohant v. Hiramoni Mohanty

Case brief

What is this about?

What did the court decide?

What the court decided

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