Nalini Sahu v. Chintamani Sahu

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO.1315 OF 2019 Nalini Sahu and others ....

Petitioners Mr. Goutam Kumar Routray, Advocate -versusChintamani Sahu and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

18.11.2022 3.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this CMP seeks to assail the order dated 19th August, 2018 passed by learned Civil Judge (Senior Division), Patnagarh in C.S. No.100 of 2017, whereby a compromise decree was recorded as the matter has already been settled between the Plaintiffs and Defendants. However, learned Civil Judge while recording the compromise held that the compromise petition appended with sketch map shall form the part of the decree and the decree is subject to registration by the competent authority.

3.

In course of hearing, Mr. Routray, learned counsel for the Petitioner submits that interest of justice will be best served, if the Petitioner files an application before learned Civil Judge (Senior Division), Patnagarh to examine the matter afresh with regard to registration of the decree. Hence, he prays for withdrawal of the CMP.

// 2 // 4.

In view of such submission, this CMP is disposed of as withdrawn with an observation that in the event the Petitioner files an application within a period of two weeks hence for reconsideration of the matter with regard to registration of the decree of compromise, the same shall be considered by learned trial Court giving opportunity of hearing to the parties concerned.

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

(K.R. Mohapatra) Judge bks