Bishnupriya Naik Vs Ramesh Chandra Behera

CMP No.417 of 2018

09. 07.01.2019

Heard Mrs. Sujata Jena, learned counsel for the petitioner and Mr. A.R. Dash, learned counsel for the opposite party no.1.

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This petition challenges the order dated 13.10.2017, passed by the learned District Judge, Kandhamal, Phulbani, in R.F.A. No.4 of 2016, whereby and whereunder, learned Appellate Court dismissed the petition dated 10.8.2017 filed by the petitioner-respondent no.2 to transfer the case record to the court of learned Additional District Judge, Balliguda.

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Mrs. Jena, learned counsel for the petitioner submits that a new court having been opened at Balliguda, learned Appellate Court has dismissed the petition filed by the respondent no.2 on untenable grounds.

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Per contra, Mr. Dash, learned counsel for the opposite party no.1 submits that the appeal is a partheard matter. In view of the embargo under Section 13 of Orissa Civil Court Act, 1984, a part-heard suit cannot be transferred. He submits that learned District Judge has transferred from his place of posting and joined at Cuttack in June, 2018.

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In view of the same, the petition is disposed of with an observation that the appeal be released from partheard. There is no necessity to transfer the appeal from the court of learned Addl. District Judge, Balliguda. Learned District Judge, Kandhamal, Phulbani is directed to transmit the case records to the court of learned Additional District Judge, Balliguda, on production of

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uks

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2

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certified copy of this order forthwith.

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……………………… Dr.A.K.Rath, J.

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5.7.2018

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BK B

Bishnupriya Naik v. Ramesh Chandra Behera

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Bishnupriya Naik v. Ramesh Chandra Behera

Case brief

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