Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.277 of 2026 Satyabhama Rout ..... Petitioner
Represented by Adv. – Mr. Rabindra Nath Prusty -versus- Latika Rout ..... Opposite Parties
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 13.02.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard the learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein.
3. By filing the present CMP application under Article 227 of the Constitution of India, Defendant 6(a) in C.S. No.35 of 2015 has approached this Court challenging the order dated 17.12.2025 passed by the learned Civil Judge, Senior Division, Banki.
4. By virtue of order dated 17.12.2025, the learned trial court has rejected the prayer of the Petitioner to adduce evidence.
5.
Learned counsel for the Petitioner, at the outset, contended that the present Petitioner is one of the substituted legal heirs of the deceased Defendant No.6. He further contended that after their substitution they are brought on record and they have sought for
Page 2 of 2. some time from the learned trial court to adduce evidence. However, such application having been rejected by a cryptic order without assigning any reason, the Petitioner has approached this Court by filing the present CMP application.
6. On perusal of the order dated 17.12.2025, it appears that no reason whatsoever has been ascribed by the learned trial court while rejecting the prayer of the Petitioner for grant of time to adduce evidence.
7. In such view of the matter, this Court is of the view that the impugned order dated 17.12.2025 is unsustainable in law. Accordingly, the same is hereby set aside. Further, the matter is remanded back to the learned Civil Judge, Senior Division, Banki to reconsider the application of the Petitioner and dispose of the same by passing a speaking order within a period of four weeks from the date of communication of a certified copy of this order by the Petitioner. Let the Petitioner approach the learned trial court within fifteen days hence along with a copy of this order.
8. With the aforesaid observation and direction, the CMP stands disposed of.
( A.K. Mohapatra)
Judge Debasis