Ramakanta Behera v. Prasanta Kumar Das

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 761 OF 2022 Ramakanta Behera ....

Petitioner Mr. Bhagabat Prasad Rath, Advocate -versusPrasanta Kumar Das ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

05.09.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP seeks to assail the order dated 9th June, 2022 (Annexure-1) passed by learned Civil Judge (Senior Division), Angul in I.A. No.65 of 2022 (arising out of C.S. No.310 of 2022), whereby he rejected an application under Order XXXIX Rule 3 C.P.C. filed by him.

3.

Since in the meantime, more than two and half months have already elapsed, I am not inclined to entertain the CMP. 4.

Accordingly, the CMP is disposed of.

5.

However, the Petitioner is at liberty to move the application under Order XXXIX Rules 1 and 2 C.P.C. by serving notice on the sole Opposite Party.

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

(K.R. Mohapatra) Judge ms