High CourtsSingle Bench(2022) 06 OHC CK 0002

Kailash Chandra Dixit vs Keli Dixit & Others

Orissa High Court · Decided on 2 June 2022

HON’BLE JUDGES
M.S. Sahoo, J
RESULT
Disposed Of
CASE NUMBER
CMP No. 489 Of 2022

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Judgment

12 paragraphs · 230 words

M.S.Sahoo, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner.

3.

The petition has been filed by the petitioner challenging the order dated 11.05.2022 in C.S. No.321 of 2016 passed by the learned Civil Judge (Sr. Division), Salipur rejecting the prayer made in a petition under Order 39, Rule-7 of the Civil Procedure Code filed by the defendant nos.1 to 3 praying therein to depute a Pleader Commissioner to inspect the spot and ascertain the real fact relating to Plot No.1286.

4.

It is submitted by the learned counsel for the petitioner that the order of status quo has been granted in I.A. No.1/2016 under Order 39 Rule 1 and 2 of the CPC. It is further submitted that the reasoning given by the learned Civil Judge may not be correct in the facts and circumstances of the case.

5.

Having heard learned counsel for the petitioner, issue notice to opposite parties 1 to 3. Notice to proforma opposite parties 4 to 9 is dispensed for the time being.

6.

Requisites for issuance of notice to opposite parties 1 to 3 through Registered Post with A.D. be filed within four working days. Postal tracking report be placed on record.

7.

List on 4th July, 2022.

I.A. No.557 of 2022

1.

Issue notice as above.

2.

Accept one set of process fee.

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