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2023 Supreme(Ori) 209

K. R. MOHAPATRA
Shantilata Sahoo – Appellant
Versus
Sub-registrar, Cuttack – Respondent


Advocates:
Mr. Ajit Chandra Mohapatra, Advocate, for the Petitioner; Mr. Swayambhu Mishra, Additional Standing Counsel, for the Opp. Parties.

JUDGMENT

1. This matter is taken up through hybrid mode.

2. On the oral prayer of Mr. Mohapatra, learned counsel for the Petitioner, he is permitted to incorporate State of Orissa represented through its Secretary, Revenue and Disaster Management Department as Opposite Party No.1 to the writ petition in Court itself.

3. Petitioner in this writ petition prays for a direction to Opposite Party No.2-Sub-Registrar, Cuttack to accept the certified copy of the judgment and decree dated 26th December, 2022 and 6th January, 2023 respectively passed by learned 3rd Additional District Judge, Cuttack in RFA No.459 of 2022 (Annexure-2) for registration.

4. Mr. Mohapatra, learned counsel for the Petitioner submits that CS No.288 of 2021 was dismissed vide judgment dated 19th May, 2022 passed by learned Senior Civil Judge, 1st Court, Cuttack without accepting the compromise entered into between the parties. Assailing the same, the Petitioner filed RFA No.459 of 2022, which was disposed of vide judgment dated 26th December, 2022 with the following observation and direction.

    '...In Bhoop Singh versus Ram Singh major and ors reported in (1995)5 SCC 709 where the Hon'ble Apex court held that

    "the decree

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