Sri Gouri Gopal Jew Bije v. Binati Senapati

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 1241 of 2022 Sri Gouri Gopal Jew Bije and another ....

Petitioners Mr. D.P.Dhal, Senior Advocate being assisted by Mr. Maheswar Mohanty, Advocate -versusBinati Senapati and another .... Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

09.12.2022 1.

1.

This matter is taken up through Hybrid mode.

2.

Memo of Appearance of Mr. D.P.Dhal, learned Senior Advocate filed in Court is taken on record.

3.

Order dated 22nd November, 2022 passed by learned Senior Civil Judge Puri in CS No.463 of 2021 is under challenge in this CMP, whereby an application filed by Inspector in-charge, Baselisahi PS, Puri to handover the original un-registered agreement to him, which has been marked as Ext.1 so as to send the same to Director, State Forensic Science Laboratory, Handwriting Bureau Division, Bhubaneswar for examination, has been rejected. 4.

Mr. Dhal, learned Senior Advocate, in course of argument, submits that it is on the FIR lodged by the Petitioner No.2/Defendant No.2, such a prayer has been made by the IIC, Baselisahi PS. Thus, the appropriate remedy for the Petitioner No.2/Defendant No.2 would be to file appropriate application before learned Civil Judge for appropriate direction. In that view of the matter, he prays for withdrawal of the CMP to

// 2 // enable Petitioner No.2/ Defendant No.2 to file appropriate application before the learned Senior Civil Judge, Puri. 5.

In view of such submission, the CMP is disposed of as withdrawn.

Issue urgent certified copy of the order on proper application (K.R. Mohapatra) Judge s.s.satapathy