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2025 Supreme(Online)(Ori) 3901

ORISSA HIGH COURT
PRABHAKAR SAHOO – Appellant
Versus
SESADEV SAHOO – Respondent


IN THE HIGH COURT OF ORISSA AT CUTTACK AFR CMP No.1086 of 2024 Prabhakar Sahoo & others …. Petitioners Mr. D. Dhal, Advocate -

-Versus Sesadev Sahoo & others …. Opposite Parties Mr. R.K. Swain, Advocate CORAM:

JUSTICE R.K. PATTANAIK DATE OF JUDGMENT:17.06.2025

1. Instant petition is filed by the petitioners assailing the impugned order dated 20th July, 2024 passed in connection with the suit in C.S. No.62 of 2005(I) by learned Civil Judge, Junior Division 2nd Court, Cuttack as at Annexure-6, whereby, an application under Order 18 Rule 17 CPC at the behest of opposite party Nos.1 to 4 seeking recall of opposite party No.11 examined as a witness from their side was allowed on the grounds inter alia that such a decision is not legally tenable, hence, liable to be interfered with in the interest of justice.

2. Briefly stated, the suit is instituted by the petitioners against opposite party No.1 to 4 and original defendant No.5 for a declaration of them having the right, title and interest including possession over and in respect of the suit schedule land and to permanently injunct the latter, who in case found to be in possession, to recover such possession with the process of Court and su

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