The High Court allowed the petitioners contentions regarding transferring a pending civil suit for analogous trial with a compensation revision application. The court observed that an application for transfer needs to be filed before the District Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27898 of 2022
….. Petitioner
Bhakta Barik & Ors.
Mr. B. Bhuyan, Advocate
Vs.
Union of India & Ors.
….. Opposite Parties
Mr.P.K. Parhi, DSGI along with Ms. J. Sahoo, CGC
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE B.P. SATAPATHY
ORDER
14.12.2022
Order No. This matter is taken up through Hybrid mode.
Page 1 of 2
counsel appearing for the petitioners contended that direction may be issued to the learned District Judge, Keonjhar to call for the records of Civil Suit No.54 of 2018 and decide the said case along with CMA No.31 of 2019.
Alok
Page 2 of 2
2 issues framed by the court
Whether the District Judge can call for records of a pending civil suit to be tried along with the Grade C compass matter under the National Highways Act.
Whether a direction can be issued to the District Judge to hold analogous trial of the civil suit and the compensation revision application.
2 provisions across 1 enactments
Bhakta Barik & Ors.
Union of India & Ors.
DR. JUSTICE B.R. SARANGI
MR. JUSTICE B.P. SATAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
