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2026 DAILYLAW 10652 (ORI)

ANITA PADHIARI v. LAXMILATA PADHIARI

CMP/173/2026 · 2026-01-29

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.173 of 2026 Anita Padhiari ..... Petitioner Represented by Adv. – B.C. Panda -versus- Laxmilata Padhiari and others ..... Opposite Parties Represented by Adv. - CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 29.01.2026 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard Mr. Panda, learned counsel appearing 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, the Petitioner-judgment debtor in Execution Case No.1 of 2018 has approached this Court challenging the order dated 07.01.2026 passed by the Civil Judge (Senior Division), Bhubaneswar in I.A. No.1 of 2018 which was filed under Section 47 of the CPC in the above noted execution case. 4. On perusal of the I.A. No.1 of 2018 which was filed under Section 47 of the CPC, this Court is of the considered view that in the event the application is allowed the same would terminate the other proceeding. Therefore, this Court is of the view that the application should have been filed under Section 115 of the CPC and the same should have been registered as a Civil Revision instead of CMP Page 2 of 2. application. 5. On the request of the learned counsel for the Petitioner, he is permitted to convert this application from CMP to Civil Revision. Accordingly, registry is directed to re-register the present CMP application as Civil Revision and place the matter before the assigned Bench on the next week. ( Aditya Kumar Mohapatra ) Judge Sisir Designation: Personal Assistant