Location: OHC, Cuttack

Date: 01-Dec-2025 13:07:14

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.463 of 2025

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

India)

Rabi Narayan Rout and Another …. Petitioners

-versus-

Bairagi Khuntia … Opposite Party

Advocate(s) appeared in this case:-

For Petitioners : Mr. Lingaraj Sarangi, Advocate

For Opp. Party : Mr. S.S. Bhuyan, Advocate

CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

28^th November, 2025

B.P. Routray, J.

1. Heard Mr. L. Sarangi, learned counsel for the Petitioners and

Mr. S.S. Bhuyan, learned counsel for the Opposite Party.

2. Present CMP is directed against order dated 3^rd February, 2025 of learned 2^nd Additional Senior Civil Judge, Bhubaneswar passed in CS No.839 of 2008, wherein the prayer of the defendants to recall

P.W.1 for further cross-examination has been rejected.

Location: OHC, Cuttack Date: 01-Dec-2025 13:07:14

3. Present opposite party being the plaintiff filed CS No.839 of 2008 praying for a declaration that the agreement and General Power of Attorney dated 18^th September, 1993 are not binding being tainted playing fraud and further, to declare their status as tenants along with permanent injunction and consequential r