Nitai Digar v. Nimai Digar

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 889 OF 2022 Nitai Digar ....

Petitioner Ms. Sujata Dash, Advocate -versusNimai Digar and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

29.09.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP seeks to assail the order dated 27th August, 2022 (Annexure-3) passed by learned Additional Civil Judge (Senior Division), Baripada in Execution Case No.08 of 2021, whereby an application under Section 47 C.P.C. has been rejected. The Petitioner also assails the orders dated 16th April, 2021 (Annexure-1) and 26th November, 2021 (Annexure-2) passed in the said execution case, which have been taken note of in the petition under Section 47 C.P.C.

3.

Since rejection of an application under Section 47 C.P.C. is revisable under Section 115 C.P.C., I am not inclined to entertain the CMP.

4.

In view of the above, the CMP is disposed of with an observation that the Petitioner, if so advised, may file a properly constituted revision against the order impugned herein. In the event of any urgency, the Petitioner may move learned revisional Court for any interim protection.

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

(K.R. Mohapatra) ms Judge