Dismissed
Akshaya Behera v. Dhirendra Jata
Orissa HCCMP/321/2020
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CMP No. 321 of 2020
Heard Mr.Biswamohan Pattanaik, learned counsel for the petitioner.
Petitioner, in this CMP assails the order dated 18.12.2019 (Annexure-4) passed by the learned Civil Judge (Junior Division), First Court, Cuttack in IA No.1 of 2019 arising out of Civil Suit No.281 of 2019 pending before him, whereby he allowed an application under Order XXXIX Rules 1 and 2 CPC.
The petitioner has a remedy of appeal under Order XLIII Rule 1(r) CPC to challenge the impugned order under Annexure-4.
In that view of the matter, I am not inclined to entertain the CMP. Accordingly, the same stands dismissed. However, dismissal of the CMP shall not preclude the petitioner to work out the remedy available under CPC.
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.
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1 issue framed by the court
Whether a Court of Writ can entertain a Contempt Petition against an interim order passed in a civil suit when the aggrieved party has a remedy of appeal.
2 provisions across 1 enactments
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court