SUKADEV PARIAL Vs. BASANTIMANI NAIK

JUDGEMENT

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

(2.) Order dtd. 5/2/2024 (Annexure-6) passed in Civil Suit No.10 of 2021 is under challenge in this CMP, whereby learned Senior Civil Judge, Udala dismissed an application filed by the Defendants-Petitioners under Order XXVI Rule 9 CPC.

(3.) Mr. Panigrahi, learned counsel for the Defendant Nos.1 and 2-Petitioners submits that evidence of the Defendants is yet to be completed. Hence, interest of justice will be best served if the Defendants move an application after closure of evidence of the parties in the suit, if necessary. Hence, he prays for withdrawal of this CMP.