Bench disposed of a contempt petition challenging rejection of survey commissioner appointment. Observations permit petitioner to file application post-evidence closure.
Petitioner permitted to move application under Order XXVI Rule 9 CPC after closure of evidence from both sides.
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.
Signature Not Verified
Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Dec-2023 10:22:17
IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1368 OF 2023 Pramodini Mohanty …. Petitioner Mr. Nikunja Kumar Deo, Advocate
-versus-
Srinibas Behera and others
…. Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
01.12.2023
by learned Civil Judge (Senior Division), Chandikhole in C.S. No.30 of 2021 is under challenge in this CMP, whereby an application filed by the Plaintiff-Petitioner under Order XXVI Rule 9 read with Section 151 CPC for appointment of a Survey Knowing Commissioner, has been rejected.
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Signature Not Verified
// 2 //
Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Dec-2023 10:22:17
on its own merit without being influenced by any observation made in the impugned order under Annexure-8.
Urgent certified copy of this order be granted on proper application.
ms
(K.R. Mohapatra) Judge
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2 issues framed by the court
Whether the application for appointment of a Survey Knowing Commissioner under Order XXVI Rule 9 read with Section 151 CPC can be moved after closure of evidence.
Whether the High Court should dispose of the writ petition with observations regarding the filing of the application after evidence closure.
2 provisions across 2 enactments
Pramodini Mohanty
Srinibas Behera
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
