The High Court of Odisha held that the underlying dispute is civil in nature with a probate case pending. Consequently, the Court did not entertain the writ petition and disposed of it, granting liberty to the parties to approach the Civil Court.
The writ petition stands disposed of; liberty granted to approach the Civil Court.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.1110 of 2024
Sreyas Kalas ….
Petitioner
Mr. S.K. Rout, Advocate
-versus-
Branch Manager, Odisha …. Opposite Party Gramya Bank, Khordha
Mr. S.K. Ghose, Advocate Mr. U.C.Mohanty, Advocate (for Intervener)
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
10.09.2024
Order No.
08.
This matter is taken up through hybrid mode.
2. Though the writ petition has been listed under the heading “For Orders” for consideration of application for intervention, filed by the son and daughter of the deceased namely, Khulana Sundari Kalas, during hearing of the said application, it is brought to the notice of this Court that the dispute is civil in nature. Pursuant to a registered Will executed on 25.04.2013, Probate Case is now pending before the District & Sessions Judge, Khordha for consideration and disposal, which has been registered as Test (Probate Misc.) Case No.37 of 2023, which is still pending.
3. Hence, this Court is not inclined to entertain the Writ Petition at this stage.
4. Accordingly, the writ petition stands disposed of giving liberty to the Petitioner so also the ApplicantsIntervenors to approach the Civil Court for redressal of their grievances, if any.
JUDGE
Banita
Signature Not Verified
Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 11-Sep-2024 16:47:40
Page 2 of 2
2 issues framed by the court
Whether the High Court should entertain a writ petition when a civil suit regarding a registered Will is already pending in a lower civil court.
Whether the Court can transfer the dispute from a writ petition to the appropriate civil forum.
Sreyas Kalas
Branch Manager, Gramya Bank, Khordha
Sanjay Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
