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 adjudica