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2024 Supreme(Online)(ORI) 4948

ORISSA HIGH COURT
Murahari Sri Raman, J
KONDULA LAXMI – Appellant
Versus
B.M. AGECY MARKET – Respondent


Mr. Sunkuru Sudhakar Rao, Senior Advocate assisted by Mr. B.K. Mohanty, Advocate; M/s. Sisir Das, A.K. Mohanty-B, A.K. Tandi and S.R. Mohapatra, Advocates

JUDGMENT

Both the aforenoted Civil Revision Petitions have been filed challenging the common Order dated 27.02.2007 passed by the learned Civil Judge (Senior Division), Berhampur in C.M.A. Nos.31 of 2004 and 32 of 2004. They are taken up together for hearing and are disposed of by this common judgment.

1.1. Being aggrieved by the common Order dated 27.02.2007 passed by the learned Civil Judge (Senior Division), Berhampur allowing the petition under Order IX, Rule 9 of the Code of Civil Procedure (for short, “CPC”) filed by the opposite party-cooperative society, thereby setting aside the ex parte decree dated 28.11.2003 passed in favour of the petitioner in Money Suit No.59 of 2001, Civil Revision Petition No.26 of 2007 has been filed by the petitioner with the following prayer:

“The petitioner therefore prays that this Hon‟ble Court be graciously pleased to allow this application and upon hearing parties set aside the order dated 27.02.2007 by which the ex parte decree was set aside; And pass such other orders as this Hon‟ble Court deem fit and proper in the circumstances of the case;

And for this act of kindness, the petitioner shall as in duty bound ever pray.”

1.2. Further being agg

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