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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Kaupin Dhari Mahima Samaj – Appellant
Versus
Satya Mahima Dharma Dham Parichalana Samiti – Respondent
| Table of Content |
|---|
| 1. court procedures and the petition context. (Para 1 , 2 , 3 , 4) |
| 2. contentions about the application of section 47 cpc. (Para 5) |
| 3. limitation act applicability in execution proceedings. (Para 6) |
| 4. time-barred applications and limitations under section 47 cpc. (Para 7 , 8) |
| 5. final verdict and order. (Para 9 , 10) |
JUDGEMENT :
K.R. MOHAPATRA, J.
1. This matter is taken up through hybrid mode.
2. The CMP is listed today for consideration of IA No.368 of 2024 filed with a prayer for extension of interim order dated 26 th October, 2022 passed in IA No.1123 of 2022.
3. In course of hearing of the IA, this Court finds that merit of the case has to be gone into. Hence, on consent of learned counsel for the parties, the CMP is taken up for final disposal.
4. This CMP has been filed assailing order dated 30th September, 2022 (Annexure-5) passed by learned Civil Judge (Junior Division), Gondia, Dhenkanal in CMA No.10 of 2022 (arising out of CMA No.8 of 2009), whereby an application to restore CMA No.8 of 2009 filed under Section 47 CPC has been rejected.
5. Mr. Rout, learned counsel for the Petitioners submits that TS No.33 of 1988 was filed by Plaintiffs for declaration of joint t
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