BABITA SATPATHY Vs. SITANSHU KUMAR DASH

JUDGEMENT

(1.) This matter is taken up by virtual/physical mode.

(2.) Legality and sustainability of order dtd. 16/5/2022 (Annexure-7) passed in CS No.2116 of 2016 is in question in this CMP, whereby learned Civil Judge (Senior Division), Bhubaneswar rejected an application filed by Defendant Nos. 1 and 4 (Petitioners herein) filed with a prayer to unmark and expunge Exts.2, 3, 5, 6, 7 and 8 marked on behalf of Plaintiffs/Opposite Party Nos. 1 and 2.

(3.) Short narration of facts necessary for proper adjudication of the case are that CS No.2116 of 2016 has been filed for allotment of 1/3rd share in favour of the Plaintiffs, declaration of registered gift deed dtd. 21/11/2011 as void and no way affects the right, title and interest and possession of the Plaintiffs and Defendant Nos. 5 to 8 as well as for permanent injunction. Along with other documents, PW-1 while leading evidence, exhibited documents, i.e., Exts. 2, 3, 5, 6, 7 and 8, which were marked with objection raised by Defendant Nos. 1 and 4 (present Petitioners). Subsequently, the Petitioners filed an application to unmark and expunge the aforesaid exhibits. The said petition being rejected vide Order under Annexure-7, is assailed in this CMP.