Location: High Court of Orissa, Cuttack

Date: 15-Jan-2026 16:22:10

IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.1473 of 2025

(In the matter of an application under Article 227 of the Constitution

of India)

Gyasuddin Khan .... Petitioner

-versus-

Kahkashan Khan .... Opposite Party

Advocate(s) appeared in this case:-

For Petitioner : Mr. S.K.Mohanty, Advocate

For Opposite Party : Ms. K.Khan, In Person along with

her son Mr. Arshad Khan

CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

9^th January 2026 B.P. Routray, J.

1. Heard Mr. S.K.Mohanty, learned counsel for the Petitioner and Ms. K.Khan, who appears in person along with her son Mr.

A.Khan.

Location: High Court of Orissa, Cuttack Date: 15-Jan-2026 16:22:10

2. Present CMP is directed against order dated 31^st July 2025 passed by 2^nd Additional Senior Civil Judge, Bhubaneswar in C.M.A. No.149 of 2019 (arising out of C.S. No.115 of 2008), wherein the prayer of the Opposite Party under Order 9 Rule 13 of CPC was allowed.

3. The suit was filed by present Opposite Party as the Plaintiff praying for declaration of right title interest over the suit property. Present Petitioner who is the Defendant in the suit was the husband of the Plaintiff. The suit was dismisse