IN THE HIGH COURT OF ORISSA AT CUTTACK C.M.P. No.671 of 2017 (An application under Article 227 of the Constitution of India, 1950)

Pratimarani Khuntia …. Petitioner -versus-

Kapila Ray and Others …. Opposite Party Appeared in this case by Hybrid Arrangement (Virtual/Physical Mode):

For Petitioner - Mr. K. Mishra, Advocate.

For Opposite Party - None CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA Date of Hearing :11.12.2025 :: Date of Judgment :11.12.2025 A.C. Behera, J. This Civil Miscellaneous Petition under Article

227 of the Constitution of India, 1950 has been filed by the petitioner challenging the impugned order dated 25.02.2016 passed in I.A. No.577 of 2015 by the learned Civil Judge (Sr. Division), Bhubaneswar arising out of C.S. No.7204 of 2015 and the impugned order dated 15.05.2017 passed in FAO No.33 of 2016 under O.43 R.1 (r) of the CPC, 1908 by the learned Addl. District Judge, Bhubaneswar.

2. The factual backgrounds of this CMP, which prompted the petitioner for filing of the same is that, the petitioner was the sole plaintiff in the suit for partition and declaration vide C.S. No.7204 of 2015 pending in the Court of learned Civil Judge (Sr. Division), Bhubaneswar.

In that suit vide