Disposed

Golak Chandra Das v. Alekha Charan Das

Orissa HC2 Jan 2023CMP/21/2020

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of the writ petition noting that the petitioner needs an opportunity to produce documents regarding the pendency of another test case. The court directed the trial court to consider a recall application if filed with certified copies and materials within two weeks. The interim order dated February 11, 2020, was vacated.

What did the court decide?

The petitioner was directed to file an application for recall with materials within two weeks; upon production, the trial court must consider the same. The interim order dated 11 February 2020 was vac

Golak Chandra Das Vs Alekha Charan Das — Civil Procedure and Limitation | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CMP NO. 21 OF 2020

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Golak Chandra Das

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.... Petitioner

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Mr. Dayananda Mohapatra, Advocate

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-versus-

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Alekha Charan Das and others

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…. Opp. Parties

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

02.01.2023

CMP NO. 21 OF 2020

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and I.A. No. 1197 of 2022

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This matter is taken up through hybrid mode.

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Although this matter was listed for extension of the interim order dated 11^th February, 2020 passed in I.A. No. 24 of 2020, this Court feels that merit of the case has to be gone into. Accordingly, on consent of learned counsel for the Petitioner, the CMP is taken up for final disposal.

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Order dated 8^th November, 2019 (Annexure-3) passed by learned Civil Judge (Senior Division), Jagatsinghpur in C.S. No.462 of 2017 is under challenge in this CMP, whereby an application under Section 10 C.P.C. for stay of further proceeding of the suit during pendency of Test Case No.34 of 2015 in the court of learned District Judge, Jagatsinghpur has been rejected.

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Mr. Mohapatra, learned counsel for the Petitioner submits that C.S. No. 462 of 2017 and Test Case No. 34 of 2015

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relate to the self-same property. Hence, an application was filed for stay of further proceeding of C.S. No. 462 of 2017 during pendency of Test Case No. 34 of 2015. In support of his contention, Mr. Mohapatra, learned counsel relies upon the decision in Ashok Kumar Ray –v- Smt. Reba Biswas and others in CMP No. 619 of 2015 and submits that during pendency of Test Case No.34 of 2015, further proceeding of the suit should have been stayed. However, learned trial Court taking note of the fact that no document with regard to pendency of Test Case No.34 of 2015 was filed rejected the said application. Hence, this CMP has been filed.

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Taking into consideration the submission made by learned counsel for the Petitioner, this Court feels that the Petitioner should be given further opportunity to produce document/material with regard to pendency of Test Case No. 34 of 2015 in the Court of learned District Judge, Jagatsinghpur. 6. In view of the above, this CMP is disposed of with a direction that in the event the Petitioner files an application for recall of the order dated 8^th November, 2019 (Annexure-3) within a period of two weeks hence along with certified copy of this order and produces materials with regard to pendency of Test Case No. 34 of 2015, learned Civil Judge (Senior Division), Jagatsinghpur shall do well to consider the same giving opportunity of hearing to the parties concerned. Learned trial Court shall proceed with the suit (C.S. No. 462 of 2017) after disposal of the application for recall of the order dated 8^th

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bks

November, 2019 under Annexure-3, if the same is filed within the time stipulated, as aforesaid.

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The interim order dated 11^th February, 2020 passed in I.A. No. 24 of 2020 stands vacated.

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Urgent certified copy of this order be granted on proper application.

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(K.R. Mohapatra) Judge

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Golak Chandra Das v. Alekha Charan Das

Case brief

What is this about?

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Golak Chandra Das v. Alekha Charan Das

Case brief

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