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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Renubala Samantray – Appellant
Versus
Manash Ranjan Mohapatra – Respondent
| Table of Content |
|---|
| 1. challenge on court order regarding application under cpc. (Para 1 , 2) |
| 2. plaintiff's valuation for court fees must relate to market value. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. order set aside; remand for further adjudication. (Para 12) |
| 4. cmp disposed of with directions. (Para 13) |
JUDGMENT :
K.R. Mohapatra, J.
1. This matter is taken up through hybrid mode.
2. Order dated 2nd September, 2022 (Annexure-4) passed by learned Civil Judge (Junior Division), Bhubaneswar in C.S. No.1211 of 2019 is under challenge in this CMP, whereby an application under Order VII Rule 11(b) CPC filed by the Defendants-Petitioners, has been rejected.
3. Mr. Baug, learned counsel for the Petitioners submits that the suit has been filed by the Plaintiff-Opposite Party for a declaration that the sale deed bearing ID No.1131904158 dated 21st May, 2019 executed by the Defendant No.1 in favour of Defendant No.2 is illegal and not binding on the Plaintiff. The Plaintiff also prayed for a consequential relief of permanent injunction. In Paragraph-4 of the plaint, the Plaintiff has specifically stated that Defendant No.1 being the owner of the suit property entered into an agreement with him
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