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Orissa High CourtCMP/784/2021disposed off

Islam Mohammad v. Sahid Mohammad

2022-01-18Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.784 of 2021 Islam Mohammad and others ....

Petitioners Mr. Maheswar Mohanty, Advocate -versusSahid Mohammad and another ....

Opposite Parties Mr.P.K. Satpathy, Advocate for O.P.No.2

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

31.03.2022 I.A. No.281 of 2022 Order No.

02.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

This application filed by the Opposite Parties for modification of order dated 18.01.2022 passed in CMP No.784 of 2021.

3.

Considering the submission of the learned counsel for the Opposite Parties, this Court is not convinced that the opposite parties are any way affected by order of this Court dated 18.01.2022. This Court while dismissing the CMP petition observed that it is open for the parties to file fresh application for appointment of Survey Knowing Commissioner and in the event, the application is filed, the same shall be considered and disposed by the learned court below in accordance with law. This observation in my opinion no way affect either of the parties under the law.

// 2 // 4.

It is alleged by learned counsel for the Opposite Parties that the Court is not proceeded in the manner as has been observed by this Hon'ble Court. In such event, it is open for the opposite parties to bring it to the notice of the learned court below or take any other remedy as available to them in law.

5.

With the aforesaid observation, the I.A. stands disposed of. 6.

I.A. stands disposed of.

(A.K. Mohapatra) Judge U.K.Sahoo