IN THE HIGH COURT OF ORISSA AT CUTTACK SAO No.19 of 2023 A. Sabitri …. Appellant Mr. Banshidhar Baug, Senior Advocate -Versus-

Bijayini Mallick …. Respondent Mr. M.K. Dash, Advocate CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

05.12.2025 Order No.

14. 1. Heard Mr. Baug, learned Senior Advocate appearing for the appellant.

2. None appears for the respondent at the time of hearing.

3. Instant appeal is filed by the appellant assailing the correctness of the impugned judgment dated 20^th May, 2023 as at Annexure-1 passed in connection with R.F.A. No.72 of 2013 by the learned 4^th Additional District Judge, Bhubaneswar, whereby, the judgment and decree dated 24^th August, 2013 of learned Civil Judge, Junior Division, Bhubaneswar in C.S. No.519 of 2009 was set aside with the matter remitted back for trial and disposal allowing the respondent to adduce evidence and the defendants as well on the contentious issue involved on the grounds inter alia that such a decision of remand of the suit is legally untenable.

4. Mr. Baug, learned Senior Advocate for the petitioner would submit that the remand is impermissible and that apart, the learned court below entertained request with an application received from