Orissa High Court
CMP/1421/2026 of SOUMYA BHAGAT Vs SUMAN SAURAV PRASAD on 10 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1421 of 2026 CNR No. ODHC010631292026 Soumya Bhagat & Anr. ..…... Petitioner (s) Mr. Sarat Behera, Adv. -Versus- Suman Saurav Prasad .. .…. Opposite Party (s) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 10.09.2026 Order No. 01.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1421 of 2026
CNR No. ODHC010631292026
Soumya Bhagat & Anr.
..…...
Petitioner (s)
Mr. Sarat Behera, Adv.
-Versus-
Suman Saurav Prasad
.. .….
Opposite Party (s)
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
10.09.2026 Order No.
01.
1. This matter is taken up through hybrid arrangement.
2. In the present CMP, the Petitioners have challenged the impugned order dated 18.04.2026 passed by the learned District Judge, Cuttack in F.A.O. No.34 of 2026, as well as the order dated 06.01.2026 passed by the learned Senior Civil Judge, 1st Court, Cuttack in C.S. No.380 of 2026.
3. Heard learned counsel for the Petitioners.
4. Learned counsel for the Petitioners submits that the Petitioners/Plaintiffs have instituted C.S.(III) No.380 of 2026 seeking recovery of pending legal dues amounting to Rs.22,55,500/- from the Opposite Parties, along with arrear rent for the period from November, 2017 to August, 2025 and interest thereon at the rate of 8% per annum till realization.
5. Learned counsel for the Petitioners further submits that the learned Senior Civil Judge, 1st Court, Cuttack, vide order dated 06.01.2026 directed the Petitioners/Plaintiffs to produce the rent receipts for the period from November, 2017 to August, 2025 as a condition for admitting the suit. He further submits that the Petitioners have no control over the said rent receipts, as the Defendants have been collecting the total monthly rent of Rs.1,15,000/- from the different tenants, out of which the Petitioners are entitled to a 1/4th share. Hence, the Petitioners are unable to produce the said rent receipts before the learned Trial Court.
6. Learned counsel for the Petitioners further contends that, challenging the order dated 06.01.2026, the Petitioners preferred an appeal vide F.A.O. No.34 of 2026 before the learned District Judge, Cuttack. However, the said appeal was rejected vide order dated 18.04.2026, holding that the appeal was not maintainable.
7. In view of the above and considering the submissions made by the learned counsel for the Petitioners, this Court is of the view that since the rent receipts for the period from November, 2017 to August, 2025 are stated to have been collected by the Opposite Parties/Defendants, the Petitioners cannot reasonably be expected to produce the same. Accordingly, the order dated 06.01.2025 passed by the learned Senior Civil Judge, 1st Court, Cuttack in C.S.(III) No.380 of 2025 is hereby set aside.
8. The learned Senior Civil Judge, 1st Court, Cuttack is directed to call upon the Opposite Parties/Defendants to produce the rent receipts for the period from November, 2017 to August, 2025 and, upon production thereof, proceed with the suit in accordance with law.
9. Accordingly, the CMP is disposed of.
1. ( Dr. Sanjeeb K Panigrahi)
Judge Murmu