Prem Kumar v. Gangadhar Routray

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO. 698 OF 2022 Prem Kumar and another .....

Petitioners Mr. Lalit Kumar Maharana, Advocate -versusGangadhar Routray and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

11.08.2022

2. 1.

This matter is taken up through hybrid mode.

2.

This CMP has been filed assailing the order dated 28th June, 2022 (Annexure-16) passed by learned Senior Civil Judge, Rourkela in C.S. No.63 of 2006, whereby an application filed by the Petitioners under Order XXIII Rule 3 C.P.C. was partly allowed.

3.

Mr. Maharana, learned counsel submits that since the Petitioners have efficacious statutory remedy under the Code of Civil Procedure to assail the order impugned herein, interest of justice will be best served, if the CMP is withdrawn to enable the Petitioners to move such application.

4.

In view of such submission, the CMP is disposed of as withdrawn.

5.

Certified copy of the impugned order shall be returned to the learned counsel for the Petitioners on substitution of attested photocopy thereof.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks