NITYANANDA GHOSH Vs. SIRISH CHANDRA DUTTA

JUDGEMENT

(1.) This writ appeal has been filed for setting aside the orders passed under Annexures-1, 2 and 3. Annexure-1 is the order dated 16.12.2009 passed by the learned Civil Judge (Sr. Division), Balasore allowing CMA No. 46 of 2005 in part on contest subject to payment of cost of Rs.2000/- to the opposite party within a stipulated date, i.e., by 27.12.2009. Annexure-2 is the revisional order dated 22.2.2010 passed by the learned District Judge, Balasore-Bhadrak, Balasore in Civil Revision No. 1 of 2010 holding that the revision petition is not maintainable. Annexure-3 is the order dated 19.3.2010 passed by the learned Single Judge in W.P.(c) No.4524 of 2010 dismissing the writ petition on the ground that the trial court has done substantial justice in the matter by restoring the Execution Case subject to payment of cost of Rs.2000/- to the defendant in order to mitigate the prejudice caused to him.

(2.) The facts and circumstances giving rise to the present writ appeal are as follows:

(3.) The writ appellant filed W.P.(c) No. 4524 of 2010 challenging the revisional order dated 22.2.2010 with a prayer to set aside the said order and for issuance of a direction to hear the revision petition on merit, which was dismissed on the ground as stated above.