Disposed

Krishna Priya Baral v. Sanjib Kumar Bhatta

Orissa HC10 Sept 2026TRP(C)/312/2024

Case brief

AI extract

What is this about?

Transfer petition disposed as infructuous due to uncertainty regarding outcome of separate application to set aside ex parte judgment and revival of cause of action following service of stay order.

What did the court decide?

Transfer petition dismissed as infructuous; liberty granted to file application for restoration subject to setting aside ex parte judgment and revival of cause of action.

Krishna Priya Baral Vs Sanjib Kumar Bhatta — Civil Procedure and Limitation | Orissa HC (2026)

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.312 of 2024 CNR No. ODHC010722652024

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Krishna Priya Baral

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…. Petitioner

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Mr. P.K. Ray, Advocate

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-versus-

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Sanjib Kumar Bhatta …. Opposite Party

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CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

10.09.2026

Order No.

05.

This matter is taken up through hybrid mode.

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2. Pursuant to order dated 24.07.2026, office note indicates that service of notice on the Opposite Party has been completed on 20.08.2026, but no counsel has yet appeared on behalf of him.

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3. At this stage, learned Counsel for the Petitioner files photocopy of the certified copy of order sheet in C.P. No.137 of 2022, so also ex parte judgment dated 03.08.2026 passed by the learned Court below, which are taken on record.

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4. Relying on the said order sheet, learned Counsel for the Petitioner submits, though the stay order was passed on 24.07.2026, she produced the same before the learned Court below on 03.08.2026, but on the very same day the judgment was also pronounced in C.P. No.137 of 2022. Hence, the Petitioner is intending to file an application for setting aside the ex parte judgment.

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5. Accordingly, he prays to adjourn the present transfer petition sine die, giving liberty to the Petitioner to pray for listing of the matter, after disposal of the said application for setting

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aside the impugned judgment.

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6. However, this Court is of the view that, in view of disposal of C.P. No.137 of 2022, so also uncertainty of the outcome of the proposed petition to be moved for setting aside the ex parte judgment, there is no need to adjourn the proceeding in the present transfer petition, as prayed for.

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7. However, liberty is granted to the Petitioner to file application for restoration of the transfer petition, subject to setting aside the ex parte judgment in C.P. No.137 of 2022 and revival of the cause of action.

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8. It is revealed from the record that though a submission was made on 14.07.2026 that the matter stands posted to 03.08.2026 for ex parte argument, but from the order sheet produced by the learned Counsel for the Petitioner, it is revealed that the matter was posted to 03.08.2026 for pronouncement of ex parte judgment. Though the stay order was passed on 24.07.2026, certified copy of the same was produced before the Court below on 03.08.2026, after pronouncement of the judgment.

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9. Accordingly, the transfer petition stands disposed of as infructuous.

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10. Interim order dated 24.07.2026 passed in I.A. No.321 of 2024 stands vacated and I.A., if any, stands disposed of. 11. Urgent certified copy of this order be granted on proper application as per rules.

(S.K. MISHRA)

JUDGE

Banita

Signature Not Verified

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Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 11-Sep-2026 18:11:09

Krishna Priya Baral v. Sanjib Kumar Bhatta

Case brief

What is this about?

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Krishna Priya Baral v. Sanjib Kumar Bhatta

Case brief

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What did the court decide?

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