SAJAN KUMAR DHANUKA Vs. SAKUNTALA AGRAWAL

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 30/9/2022 (Annexure-1) passed by learned Additional District Judge, Baragarh in FAO No.26/13 of 2013-17 is under challenge in this CMP, whereby learned Appellate Court held the aforesaid appeal to be infructuous.

(3.) It is submitted by Mr. Bose, learned counsel for the Petitioner that I.A. No.25/39 of 2012-13 was filed in C.S. No. 03 of 2005 under Order XXXIX Rules 1 and 2 C.P.C. The order passed in the said I.A. is under challenge in the aforesaid FAO. In the meantime, C.S. No.03 of 2005 has been disposed of and RFA No. 07 of 2019 is pending for adjudication. It is his submission that since the appeal arising out I.A. No.25/39 of 2012-13 has been filed assailing the perversity of the order passed under Order XXXIX Rules 1 and 2 C.P.C., the same requires adjudication in the FAO failing which it may affect the merit of the appeal itself. He, therefore, submits that the impugned order may be set aside and the matter may be remitted back to the learned Appellate Court for adjudication of the FAO on merit.