Disposed

Fakir Mohan Khatua v. State of Odisha

Orissa HC9 Nov 2023CMP/430/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a Compounding Petition as withdrawn after the petitioner's counsel requested withdrawal to file a revision under Section 115 CPC against an impugned order of the Senior Civil Judge, Hindol, observing to keep the CMP's pendency in mind during delay adjudication.

What did the court decide?

CMP disposed of as withdrawn; observation made regarding consideration of CMP pendency in revision delay petition.

Fakir Mohan Khatua Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2023)

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Nov-2023 10:18:39

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 430 OF 2023 Fakir Mohan Khatua …. Petitioner

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…. Petitioner Mr. Balakrishna Rao, Advocate

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-versus-

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State of Odisha and another

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…. Opp. Parties

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Mr. Amiya Kumar Mishra, Additional Government Advocate

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CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

09.11.2023

This matter is taken up through hybrid mode.

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Order dated 29^th March, 2023 (Annexure-4) passed by learned Senior Civil Judge, Hindol in C.S. No.31 of 2020 is under challenge in this CMP, whereby an application filed under Order VII Rule 11(a) CPC, has been rejected.

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In course of hearing, Mr. Rao, learned counsel for the Petitioner submits that the order impugned herein being a revisable one, interest of justice will be best served, if the Petitioner files a revision under Section 115 CPC to assail the same. Hence, he prays for withdrawal of the CMP. He further prays that limitation, if any, in filing the revision may be considered liberally.

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In view of such submission, the CMP is disposed of as withdrawn with an observation that while adjudicating the petition for condonation of delay in filing the revision, if any, learned revisional Court shall keep in mind the pendency of the CMP before this Court from 12^th April, 2023 till today along with other grounds to be taken in the said petition.

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Page 1 of 2

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Signature Not Verified

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// 2 //

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Nov-2023 10:18:39

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Certified copy of the order under Annexure-4 shall be returned to learned counsel for the Petitioner on substitution of attested photocopy thereof.

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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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Fakir Mohan Khatua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Fakir Mohan Khatua v. State of Odisha

Case brief

What is this about?

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