IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1030 of 2024 [An application under Articles 226 and 227 of the Constitution of India]

Basanta Behera @

Basanta Kumar Behera …. Petitioner -Versus-

Rabindra Behera & others ….. Opp. Parties Advocate(s) appeared in this case:

For the Petitioner : M/s. Amit Prasad Bose, D. Sahoo &

D.K. Sethy, Advocates.

For Opp.Parties : Mr. K.K. Mohapatra, Advocate [ for O.P. No.1]

_________________________________________________________

CORAM:

JUSTICE SASHIKANTA MISHRA

JUDGMENT

22^nd August, 2025 SASHIKANTA MISHRA, J.

The petitioner is the defendant No.1- judgment debtor of C.S. No. 54/2006-(1) of the Court of learned 1^st Additional Civil Judge (Sr. Division), Balasore. In the present application filed under Article 227 of the Constitution, he seeks to challenge the order dated 02.09.2024 passed by the said Court in final decree proceeding arising out of the said suit whereby, the defendant No.2 was permitted to cross-examine the Civil Court Commissioner.

2. The facts, relevant only to decide the present application are that the plaintiffs filed the suit for partition and permanent injunction. The suit was decreed preliminarily on 30.09.2013 declaring the entitleme