Location: High Court of Orissa, Cuttack Date: 09-Dec-2025 10:25:08 IN THE HIGH COURT OF ORISSA AT CUTTACK C.M.P. No.1067 of 2025 (In the matter of an application under Article 227 of the Constitution of India)

Samir Muduli & Anr. …. Petitioners -versus-

Kapila Charana Muduli @ Kapila …. Opposite Parties Mudili & Anr.

Advocate(s) appeared in this case:-

For Petitioners : Mr. D.Mahapatra, Sr.Advocate along with Mr. J.Barik, Advocate For Opposite Parties : Mr. S.N.Biswal, Advocate for O.P.1 CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

4^th December 2025 B.P. Routray, J.

1. Heard Mr. D.Mahapatra, learned Senior Counsel along with Mr. J.Barik, learned counsel for the Petitioners and Mr. S.N.Biswal, learned counsel for Opposite Party No. 1.

Location: High Court of Orissa, Cuttack Date: 09-Dec-2025 10:25:08

2. At the outset, Mr. Mahapatra, learned Senior Counsel for the Petitioner confines the challenge in present CMP against impugned order dated 11^th February 2025 passed in C.S. No.122 of 2009 of learned Civil Judge (Sr.Division), Nimapara.

3. Present impugned order was passed by the learned Trial Court at the stage of argument by rejecting the prayer of the Defendant to insert two new issues for adjudication.

4. The Petitioners are the substituted Defendant No.1 who raised their counter claim for permanent injunction in the suit filed by present Opposite Party No.1 as the Plaintiff praying for a declaration against original Defendant No.1 that he is the son of Late Sudarsan Biswal and consequential reliefs.

5. It is submitted by Mr. Mahapatra, learned Senior Counsel for the Petitioners that the issues framed by the Court was not earlier signed but only signed on 21^st August 2023 by the Trial Court vide Annexure-4, and therefore the petitioners had no knowledge of such issues as the same was not available in record and it came to light when it was signed on 21^st August 2023. In the opinion of present Petitioners three more issues as suggested by them in the draft issue dated 4^th January 2025 (Annexure-3 series) is required to be Location: High Court of Orissa, Cuttack Date: 09-Dec-2025 10:25:08 determined in view of the dispute in the suit as well as in the cross suit.

6. For better appreciation, the issues as already framed by the Trial Court as per Annexure-4 are as follows:-

i. Whether the suit is maintainable in its present form?

ii. Whether the plaintiff has got any cause of action to institute the suit?

iii. Whether the suit is barred by law of limitation?

iv. Whether the defendant is the son of late Sudarsan Biswal?

v. Whether the defendant can be permanently injuncted from the suit property?

vi. To what other relief, the parties are entitled to?

7. The additional issues suggested on behalf of present Defendant No.1 series are, as per the submissions with reference to the draft issue under Anexure-3 series, are as follows:-

5.Whether the suit is defective for suppression of material facts ?

8. Whether the Regd. deed of acknowledging the factum of adoption on dated 19.6.1964(Nineteenth day of June, Nineteen hundred sixty four)is legal, lawful and genuine?

Location: High Court of Orissa, Cuttack Date: 09-Dec-2025 10:25:08

9. Whether the sale deed executed by Sudarsan Biswal on dated 19.06.l964 (Nineteenth day of June Nineteen hundred sixty four) in favour of Jagannath Muduli was for his legal necessity with consideration followed up delivery of possession as well as the alleged sale is genuine and valid one?

8. At the same time, Mr. Mahapatra, learned Senior Counsel undertakes on behalf of the Petitioners (Defendant No.1 series) that for addition of these three additional issues, Defendant No.1 series shall not adduce any further pleading or evidence on record nor will seek time for the same and will rely upon the materials already available on record.

9. Under Order 14 Rule 5 CPC, the Court is authorized to add or delete such issues as may be necessary for determining the matters in controversy between the parties. In C.M.P. No. 1796 of 2025, disposed of on 27