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Natabara Ray Samant And Others vs Hiranmayee Samant @ Paikaray @ Ray @ Deo And Others

Orissa High Court · Decided on 19 July 2021 · Citation: (2021) 07 OHC CK 0149

HON’BLE JUDGES
K.R. Mohapatra, J
RESULT
Disposed Of
CASE NUMBER
CMP NO. 352 Of 2021

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Judgment

12 paragraphs · 195 words

K.R. Mohapatra

1.

This matter is taken up through video conferencing mode.

2.

The Petitioners in this CMP seeks to assail the order dated 27th April, 2021 (Annexure-5) passed by learned Civil Judge (Senior Division), Talcher

in C.S. No. 153 of 2019, whereby he rejected a petition filed by them (Defendants therein) under Order VII Rule-11(a) and (d) read with Rule 14 of

the C.P.C.

3.

In course of hearing, Mr. Mishra, learned counsel for the Petitioners submits that the impugned order is reviseable under Section 115 C.P.C..

Hence, he prays for withdrawal of CMP to avail the statutory remedy.

4.

This CMP is accordingly disposed of as withdrawn.

5.

It is open to the Petitioners to file a petition under Section 115 C.P.C. assailing the impugned order under Annexure-5.

6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th  April, 2021.