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2026 DAILYLAW 796 (ORI)

SANTOSH KUMAR AGARWAL v. NANDA KISHORE PRADHAN

CMP/250/2026 · 2026-03-05

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.250 of 2026 Santosh Kumar Agarawal ..... Petitioners Represented by Adv. – Mr. Bibhuti Bhusan Mishra -versus- Nanda Kishore Pradhan and others ..... Opposite Parties CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 05.03.2026 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, the Defendant No.1 in C.S. No.412 of 2010 pending in the court of learned Civil Judge (Senior Division), Chandikhole has approached this Court with a prayer for a direction to the learned trial court to call for the judgment and decree passed in T.S. No.228 of 1993 by the learned Civil Judge (Senior Division), Jajpur. Such application having been rejected by the learned trial court vide its order dated 27.12.2025 at Annexure-4, the Petitioner has approached this Court by filing the present CMP application. 4. Learned counsel for the Petitioner, at the outset, contended that earlier T.S. No.228 of 1993 was filed by vendor/Defendant No.2 and his mother for declaration of his right, title and interest over the suit scheduled land. Learned counsel for the Petitioner further contended Page 2 of 3. that such suit was disposed of vide judgment dated 12.04.1996. The certified copy of the judgment dated 12.04.1996 has been misplaced. Therefore, the same could not be filed in the present suit. He further submitted that since the judgment in T.S. No.228 of 1993 is a relevant document and the same is required to be considered for deciding outcome of the present suit, the Petitioner applied for the certified copy of the judgment dated 12.04.1996. In support of such contention, he referred to a copy of the application dated 30.07.2025 at Annexure-2 series, which has been submitted before the learned Registrar, District Judge Court, Jajpur Town, Jajpur. He further submitted that till date, the certified copy of judgment dated 12.04.1996 has not been provided to the Petitioner. 5. In the aforesaid circumstances, the Petitioner moved an application before the learned Civil Judge (Senior Division), Chandikhole in C.S. No.412 of 2010 with a prayer for a direction to the Registrar, District Judge Court, Jajpur Town, Jajpur to call for a copy of the judgment dated 12.04.1996. Further, referring to the impugned order dated 27.12.2025 passed by the learned Civil Judge (Senior Division), Chandikhole under Annexure-4, learned counsel for the Petitioner contended that the case record in T.S. No.228 of 1993 has been sent for digitization. Thus, the record of the above noted suit is not available with the Registrar, District Judge Court, Jajpur Town, Jajpur to grant a copy of the judgment dated 12.04.1996 to the Petitioner. He further submitted that the Petitioner is aggrieved by the order dated 27.12.2025 passed by the learned trial court thereby rejecting his prayer to provide a copy of the judgment dated 12.04.1996. Accordingly, he has approached this Court by filing the present CMP application. 6. On a careful analysis of the factual background of the present case, further on a close scrutiny of the order dated 27.12.2025 as well as Page 3 of 3. keeping in view the submission made by the learned counsel for the Petitioner, this Court found that the Petitioner wants to file a copy of the judgment dated 12.04.1996 passed in T.S. No.228 of 1993 in the present suit in support of his contention and to rely upon the same as a piece of evidence. However, certified copy of such judgment is misplaced. Although the Petitioner has applied for a certified copy, however, he has not been provided the certified copy of the judgment dated 12.04.1996 passed in T.S. No.228 of 1993 on the ground that the record has been sent for digitization. Accordingly, an application was moved before the learned trial court to call for the record. However, such application has been rejected by the learned trial court with the observation that the learned trial court is not the collecting agent of the parties. 7. On careful of analysis of the factual background of the present case and upon a close scrutiny of the impugned order dated 27.12.2025, this Court is of the view that the present CMP application can very well be disposed of by directing the learned Registrar, District Judge Court, Jajpur Town, Jajpur to provide a copy of the judgment dated 12.04.1996 passed by the learned Civil Judge (Senior Division), Jajpur in T.S. No.228 of 1993 to the Petitioner within two weeks, on production of a copy of this order. 8. With the aforesaid observation and direction, the CMP stands disposed of. (Aditya Kumar Mohapatra ) Judge Debasis