Babaji Barik v. Alekha Barik

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.4668 of 2009 Babaji Barik ....

Petitioner(s) Mr. A.Ch. Mohapatra, Advocate -versusAlekha Barik & Ors.

....

Opposite Party(s) Mr. B. Bhuyan, Advocate for O.P.1

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

03.11.2022 04.

1.

Service of notice on Opposite Party Nos.3, 4, 5 & 6 be treated as sufficient.

2.

Considering the rival contentions of the parties this Court finds, there is no prejudice in passing of the impugned order, as there is still scope for undertaking the required issues in the ultimate trial of the suit.

3.

In the circumstance this Court is not inclined to interfere in the impugned order. The Writ Petition is, accordingly, dismissed as not entertainable. This Court, however, observes, in the event such issues are brought by the defendants involved herein, the same will be taken care up along with other issues in the ultimate trial of the suit. It is also directed that all-out attempt shall also be made for final disposal of the suit within a period of nine months from the date of communication of a certified copy of this order by the Petitioner.

(Biswanath Rath) Judge Ayaskanta Jena