Subasini Nayak v. Bashidhar Barik

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO. 851 OF 2022 Subasini Nayak ....

Petitioner Mr. Maheswar Mohanty, Advocate -versusBashidhar Barik and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

17.07.2023 I.A. No. 664 of 2023 5.

1.

This matter is taken up through hybrid mode.

2.

This is an application for modification of the order dated 17th April, 2023 by which the CMP was disposed of. 3.

Although the Petitioner has complied with the direction within the stipulated time, but learned trial Court refused to accept the same stating that it was filed beyond the period stipulated. Since the order of learned 2nd Additional Civil Judge (Senior Division), Balasore gives a fresh cause of action, it cannot be adjudicated in a disposed of CMP.

4.

In view of the above, the I.A. is disposed of with an observation that the Petitioner, if so advised, may file a properly constituted petition assailing the impugned order under Annexure4 to the I.A. 5.

Certified copy of Annexure-5 to the CMP shall be returned to the learned counsel for the Petitioner on substitution of attested Signed by: BIJAY KUMAR SAHOO Designation: Ex-Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Jul-2023 11:18:36 photocopy thereof.

(K.R. Mohapatra) bks Judge