Location: High Court of Orissa, Cuttack Date: 13-Dec-2025 13:09:46 IN THE HIGH COURT OF ORISSA AT CUTTACK C.M.P. No.584 of 2025 (In the matter of an application under Article 227 of the Constitution of India)

Dandapani Sahu …. Petitioner -versus-

Gavalapu Sairam and others …. Opposite Parties Advocate(s) appeared in this case:-

For Petitioner : Mr. P.K. Nanda, Advocate For Opposite Parties : None CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

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

1. Heard Mr. P.K. Nanda, learned Advocate for the Petitioner. No- one appears for the Opposite Parties despite the notice is made sufficient on Opposite Parties 1 & 2. It needs to be stated here that Opposite Parties 1 & 2 being the Plaintiffs and the DHr are the contesting party in the cast at hand.

2. Present C.M.P. is directed against order dated 17.2.2025 of the learned Civil Judge, Berhampur passed in E.P. No.21 of 1997, wherein Location: High Court of Orissa, Cuttack Date: 13-Dec-2025 13:09:46 the prayer of the 3^rd party objector to examine the writer of the WILL as a witness has been refused.

3. Admittedly, the present Petitioner was not a party in the suit, i.e. T.S. No.56 of 1994, which was decreed in favour of the