P.Roja Patra v. Ch.Bhagya Laxmi

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 1155 OF 2022 P. Roja Patra ....

Petitioner Mr. Soumya Mishra, Advocate -versusCh. Bhagya Laxmi and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

28.11.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP seeks to assail the order dated 15th October, 2022 (Annexure-9) passed by learned Civil Judge (Senior Division), Jeypore in C.S. No.111 of 2010, whereby an application filed by the Defendant-Petitioner to recall P.W. 1 has been rejected.

3.

In course of hearing, Mr. Mishra, learned counsel for the Petitioner submits that due procedure would have been to file an application to recall the order dated 11th October, 2022 along with the petition under Order XVIII Rule 17 C.P.C.. He, therefore, prays for withdrawal of the CMP to file an appropriate application in that regard.

4.

In view of such submission, this CMP is disposed of as withdrawn.

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

(K.R. Mohapatra) Judge ms