Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.597 of 2026 Baburam Das ..... Petitioner Represented by Adv. - Dillip Kumar Ray -versus- Kulamani Das & Ors. ..... Opposite Parties Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 07.05.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard 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, the Petitioner has approached this Court with the following prayer: - “Under the above facts and circumstances, it is humbly prayed that Your Lordships be graciously be pleased to admit this case and issue a writ of certiorari by calling for the LCR and show cause from the Ops and after hearing from both sides, may kindly direct the Learned court of Civil Judge (Sd), Patamundei order dtd15.07.2019 in Civil Suit no-37/2017 by adjudicating the share of the petitioner afresh for interest of justice. And/or kindly the Sub-Registrar, Patamundei may kindly be directed not to entertain the sale deed presented by the Op No-1 before disposal of the representation filed by the petitioner. Page 2 of 2. And /Or, pass any other order/orders, direction/directions may be passed by this Hon’ble Court, giving complete relief to the petitioner.” 4. On perusal of the documents annexed to the present CMP application, it appears that the Petitioner, as plaintiff, had filed a suit for partition. It further appears that the said suit, bearing C.S. No.37 of 2017, was disposed of vide judgment dated 15.07.2019 by the learned Senior Civil Judge, Pattamundai, Kendrapara for final adjudication. Being aggrieved by such judgment, the Petitioner has approached this Court by filing the present CMP application. 5. On perusal of the aforesaid judgment, it appears that the same is a final judgment delivered in a suit which is appealable in nature. In such view of the matter, the present CMP application is being disposed of with liberty to the Petitioner to approach the appellate forum by filing a properly constituted appeal and along with an application for condonation of delay, which shall be considered by the First Appellate Court in accordance with law. 6. With the aforesaid observation/direction, the CMP application stands disposed of. (A.K. Mohapatra) Judge Rubi