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2025 DAILYLAW 66097 (ORI)

BARSHA RANI MOHAPATRA v. KRISHNA GORAI

CMP/1496/2024 · 2025-02-05

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK C.M.P. No.1496 of 2024 Barsha Rani Mohapatra …. Petitioner Mr. S. Sharma, Advocate -Versus- Krishna Gorai & others …. Opposite Parties CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 20.02.2025 I.A. No.280 of 2025 02. 1. This matter was not in today’s list and on being specifically mentioned, it is taken up for hearing. 2. Heard Mr. Sharma, learned counsel for the petitioner. 3. Instant petition is filed for modification of the Court’s order dated 5th February, 2025 in C.M.P. No.1496 of 2024. 4. Mr. Sharma, learned counsel for the petitioner submits that demarcation in terms of Order 26 Rule 9 CPC has been allowed by the Court but it must include the plot in possession of the petitioner, so therefore, the same is required to be accordingly modified. Since the dispute is over a boundary wall adjoining both the plots and as such, the Court has already directed for demarcation by the Amin Commissioner, it is inclined to clarify that such demarcation is to include plot No.87 under Khata No.224/304 apart from the suit land situate over Plot No.87/633 under M.S. Khata No.30 p. 2 5. With the above clarification/modification, I.A stands disposed of. 6. Issue urgent certified copy in course of the day. (R.K. Pattanaik) Judge Alok Designation: Asst. Registrar-Cum-Senior Secretary