Laxminarayan Swain Mohapatra v. Priyalata Swain Mohapatra

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO. 1263 OF 2022 Laxminarayan Swain Mohapatra ....

Petitioner Mr. S.P. Mishra, Senior Advocate along with Mr. N. Sarkar, Advocate -versusPriyalata Swain Mohapatra and others .... Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

12.12.2022 1.

1.

This matter is taken up through hybrid mode.

2.

Order dated 2nd December, 2022 (Annexure-1) passed in F.D. O.S. No. 245 of 1972-I is under challenge in this CMP, whereby learned Civil Judge (Senior Division), Puri rejected an application filed under Order XVIII Rule 17 C.P.C. to recall the Plaintiff-Petitioner for examination by recalling the order dated 30th August, 2022.

3.

In course of argument, Mr. Mishra, learned Senior Advocate appearing for the Petitioner prays for withdrawal of CMP to enable the Petitioner to move a better application before learned trial Court.

4.

In view of such submission, this Court without expressing any opinion on the submission made by learned counsel for the Petitioner disposes of this CMP as withdrawn. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks