Subarna Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.23871 of 2022 Subarna Panda ....

Petitioner Ms. D. Mahapatra, Advocate -versusState of Odisha & Ors.

....

Opposite Parties Mr. U.K. Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE BISWANATH RATH

ORDER

22.09.2022 Order No.

01.

1.

In course of argument it is observed that there is already a suit involving 'WILL' also taken care of in the proceeding U/s.15(b) of the O.S.S. Act.

2.

Miss Mohapatra, learned counsel for the Petitioner submits that after passing of a decree there is pendency of an appeal in the civil forum. For the opinion of this Court, if there involves an ex parte order directing for preparation of the record of rights, for the settled position of law the records of rights neither creates any right in favour of any anybody nor extinguishes right of any party and the 15(b) order, if any, has to be guided by the Civil Court decree. 3.

With the above observation the Writ Petition stands disposed of.

(Biswanath Rath) Judge Ayaskanta Jena