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2025 DAILYLAW 57798 (ORI)

DAMAYANTI PANDA v. AKSHYA KUMAR SAHU

CMP/1034/2024 · 2025-01-08

K R Mohapatra

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1034 OF 2024 Damayanti Panda and another …. Petitioners Mr. Satya Prakash Mahapatra, Advocate -versus- Akshya Kumar Sahu and others …. Opp. Parties CORAM: JUSTICE K.R. MOHAPATRA ORDER Order No. 08.01.2025 3. 1. This matter is taken up through hybrid mode. 2. Order dated 28th August, 2024 (Annexure-1) passed in C.S. No.132 of 2006 is under challenge in this CMP, whereby learned Civil Judge (Senior Division), (LR & LTV), Bargarh rejected an application filed by the Plaintiff-Opposite Party No.1 under Order XIV Rule 5 CPC to recast the issues. 3. The Petitioners are Defendant Nos.2(a) and 2(b) in the suit. By virtue of the impugned order, learned trial Court held that there is no need to adjudicate the marital status or relationship between Defendant No.3 and Defendant Nos.1 & 2. It was thus held that, there is no need to frame issue on the status of Defendant Nos.1 & 2 with Defendant No.3. 4. In that view of the matter, this Court feels that the Petitioners-Defendant Nos.2(a) and 2(b) are not prejudiced by the order impugned herein. 5. Accordingly, the CMP is disposed of without interfering with the impugned order under Annexure-1. (K.R. Mohapatra) ms Judge Designation: Senior Stenographer