Pramila Swain v. Prasanna Ku.Sasmal

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 706 OF 2014 Sanatan Parida ....

Petitioner Mr. D.P. Mohanty, Advocate -versusRamamani Nayak and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

20.12.2022 7.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP seeks to assail the order dated 23rd December, 2012 (Annexure-7) passed by learned Civil Judge (Senior Division), Anandapur in T.S. No.2 of 1985 (F.D), rejecting an application filed by the Petitioner to rectify the final decree by including certain plots left out in the final decree proceeding.

3.

Since the final decree has already been drawn up vide order dated 21st September, 1997, no CMP is maintainable against the said order. The Petitioner has the remedy to assail the final decree in an appeal. In that view of the matter, I am not inclined to entertain the CMP.

4.

The CMP is accordingly dismissed.

5.

Dismissal of the CMP shall not preclude the Petitioner to work out his remedy, as may be available under law. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) ms Judge