Disposed¶24

Kamala Swain v. Sarojini Swain

Orissa HC11 Mar 2025WP(C)/338/2024

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; W.P.(C) No.338 of 2024; Kamal Swain v. Sarojini Swain; MAC Case No.45 of 2018, Additional District Judge-cum-MACT(3), Kendrapara award (Annexure-4); marital status of claimant widow in question; Succession Misc. Case No.01 of 2023, Civil Judge (Sr. Divn.), Kujanga; direction for early disposal; interim bar on disbursement of motor accident compensation until succession proceeding concluded; writ petition disposed of with directions; Bench: Dr. S.K. Panigrahi, J.; dated 11.03.2025.

What did the court decide?

Writ petition disposed of with directions: both parties to approach the learned Civil Judge (Sr. Divn.), Kujanga for early disposal of Succession Misc. Case No.01 of 2023, and interim restraint that the compensation awarded in MAC Case No.45 of 2018 shall not be disbursed to any party until that proceeding is decided.

Kamala Swain Vs Sarojini Swain — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the status of Opposite Party No.1 should be quashed from the cause title of the award passed in MAC Case No.45 of 2018, given that her marital status is in question in Succession Misc. Case No.01 of 2023.

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Court's answer

Since the marital status of Opposite Party No.1 is very much essential for proper and effective adjudication of the dispute, the Court directed both parties to approach the learned Civil Judge (Sr. Divn.), Kujanga for early disposal of Succession Misc. Case No.01 of 2023.

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Ratio / Principle

Till disposal of Succession Misc. Case No.01 of 2023, the compensation amount awarded in the above-noted MAC Case shall not be disbursed in favour of any of the parties.

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Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.338 of 2024, High Court of Orissa at Cuttack, order dated 11.03.2025, Dr. S.K. Panigrahi, J.): Petitioners sought quashing of the status of Opposite Party No.1 from the cause title of the award passed by the Additional District Judge-cum-MACT(3), Kendrapara in MAC Case No.45 of 2018 (Annexure-4), on the ground that her marital status was in question in Succession Misc. Case No.01 of 2023 pending before the Civil Judge (Sr. Divn.), Kujanga. The Court did not decide the marital-status question itself; finding it essential for proper adjudication, it directed both parties to approach the Civil Judge (Sr. Divn.), Kujanga for early disposal of the Succession proceeding, and further directed that the compensation awarded in the MAC Case shall not be disbursed in favour of any party until that proceeding concludes. The writ petition was accordingly disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.338 of 2024

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Kamal Swain & Anr. …. Petitioner(s)

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Mr. Manoj Kumar Mohanty, Adv.

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-versus-

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Sarojini Swain & Ors.

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…. Opposite Party(s) Mr. Saumendra Kumar Ghose, Adv. Mr. Bishnu Brata Singh, Adv.

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CORAM:

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HON’BLE DR. JUSTICE S.K. PANIGRAHI

Order ORDER

No. 11.03.2025

1 . This matter is taken up through hybrid arrangement.

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2. In filing this Writ Petition, the Petitioners have prayed for

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quashing the status of the Opposite Party No.1 from the cause title of the award passed by the learned Additional District Judge-cum-MACT(3), Kendrapara in MAC Case No.45 of 2018 vide Annexure-4.

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3. Heard learned counsel for the respective parties.

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Signature Not Verified

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4. Learned counsel for the Petitioners, at the outset, submits that pertaining to the selfsame dispute a proceeding vide Succession Misc. Case No.01 of 2023 is pending before the Court of learned Civil Judge (Sr. Divn.), Kujanga. He further contends that in the said proceeding the marital status of the Opposite Party No.1 is in question. He, accordingly, prays for allowing the prayer made in this Writ Petition.

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of O rissa Date: 11-Mar-2025 17:33:38

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Page 1 of 2

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5. At this juncture, learned counsel for the Opposite Party No.1 submits that since the Opposite Party No.1 is the legally married wife of the deceased, she is entitled to get the compensation as awarded in the above noted MAC Case. He, accordingly, prays for dismissal of this Writ Petition.

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6. Be that as it may, since the marital status of the Opposite Party No.1 is in question which is very much essential for proper and effective adjudication of the dispute involved herein, this Court directs both the parties to approach the learned Civil Judge (Sr. Divn.), Kujanga for early disposal of the proceeding vide Succession Misc. Case No.01 of 2023.

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7. It is further directed that till disposal of the proceeding vide Succession Misc. Case No.01 of 2023, the compensation amount as awarded in the above noted MAC Case shall not be disbursed in favour of any of the parties.

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8. This Writ Petition is, accordingly, disposed of.

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(Dr. S.K. Panigrahi) Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of O rissa Date: 11-Mar-2025 17:33:38

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Page 2 of 2

Kamala Swain v. Sarojini Swain

Case brief

What is this about?

What did the court decide?

Kamala Swain v. Sarojini Swain

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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