Location: OHC, Cuttack Date: 19-Dec-2025 13:54:11 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.950 of 2025 (In the matter of an application under Article 227 of the Constitution of India)

Makeswar Jha …. Petitioner -versus-

State of Odisha, represented … Opposite Parties through its Commissioner-cum- Secretary, Urban Development Department and Others Advocate(s) appeared in this case:-

For Petitioner : Mr. Jagabandhu Sahu, Advocate For Opp. Parties : Mr. T.K. Dash, AGA CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

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

1. Heard Mr. J. Sahu, learned counsel for the Petitioner and Mr.

T.K. Dash, learned AGA for State - opposite parties.

2. Present CMP is directed against order dated 2^nd May, 2025 of learned 1^st Appellate Court, i.e. District Judge, Balangir passed in RFA No.87 of 2022, wherein prayer of the petitioner under Order 41 Rule 27 C.P.C. has been rejected.

Location: OHC, Cuttack Date: 19-Dec-2025 13:54:11

3. Present petitioner is the plaintiff who filed CS No.73 of 2013 before the learned Additional Senior Civil Judge, Balangir and the same was dismissed on contest. Against the same the petitioner preferred RFA No.87 of 2022 before the District Judge and duri