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2022 DAILYLAW 955 (ORI)

SIBA PRASAD BAHINIPATI v. SAROJINI MAHAPATRA

WP(C)/22793/2022 · 2026-04-15

Chittaranjan Dash

Writ Petition (Civil)body2022

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22793 of 2022 Siba Prasad Bahinipati …. Petitioner Mr. S.K. Mahanty, Advocate -versus- Sarojini Mahapatra & others …. Opp. Parties CORAM: THE HON’BLE MR. JUSTICE CHITTARANJAN DASH Order No. ORDER 15.04.2026 02. 1. Heard learned counsel for the Petitioner. 2. By means of this application, the Petitioner seeks the following relief:- “In the above circumstances, it is most humbly and respectfully prayed t hat this Hon'ble Court may graciously be pleased to admit the Writ petition, issue notice to the Opp. parties call for records and quash Annexure-2 and further be pleased to remit. the matter back to the court of Learned Civil Judge Sorada for fresh adjudication; And may pass any other writ/writs and order (s)/direction(s) that your Lordship may deem fit and proper in the interest of Justice, equity and good conscience.” 3. Learned counsel for the Petitioner submits that this application was moved before the concerned court subsequent to the disposal of the civil suit and passing of the decree. The order is of 10.08.2022. Now, we are in the year 2026. The Petitioner ought to have moved in the appropriate forum subsequent to the passing of the decree for the necessary correction, if any. However, having not on so, he moved in the present application. Admittedly, the question of limitation would arise in case the Petitioner moves the appropriate forum for redressal. However, the matter being within the domain of the appellate authority, has to be dealt with in accordance with law. 4. The learned counsel for the Petitioner submits and the impugned order of the learned court has been challenged before this Court within the period of limitation, which may have a bearing for the Petitioner in addressing the issue of limitation. 5. The Writ Petition is accordingly disposed of. (Chittaranjan Dash) Judge Bijay