CUTTACK, India, May 26 -- Orissa High Court issued the following order on April 24:

1. Petitioner No.1, who is the widow of late Manoj Kumar Sahoo and Petitioner No.2 being the daughter, have preferred the present transfer petition for transfer of proceeding in Civil Suit No.41 of 2019 from the Court of learned Civil Judge (Sr. Division), Salipur in the district Cuttack to the Court of learned Civil Judge (Sr. Division), Kendrapara.

2. The grounds urged in the transfer petition for transfer of proceeding in Civil Suit Case No.41 of 2019 are that, after death of the husband of Petitioner No.1, she is residing in her parental house at Kendrapara with her minor daughter. She is dependent on her parents as she has no source of income. There is no male member in her family to accompany her to attend the day to day proceeding at Salipur. The Opposite Parties, who are the parents of her deceased husband, are influential persons of Salipur and she would not be able to contest the case before the Court at Salipur effectively.

3. Admittedly, C.S. Case No.41 of 2019 has been preferred by the Opposite Party No.1 with the following prayers:-

"20. That the Plaintiff in the aforesaid circumstances has been compelled to take shelter of this Hon'ble Court and prays for the following reliefs:-

(a) Let the right, title, interest of the Plaintiff over the suit Schedule land be declared.

(b) Let the possession of the Plaintiff over the suit land be confirmed and in the evident he is found to have been dispossessed during pendency of the suit, the possession be restored to him through process of the Court.

(c) The Defendants be permanently injuncted not to interfere with the possession of the Plaintiff over the suit land in any manner whatsoever.

(d) Let cost of the suit be decreed in favour of the Plaintiff and against the Defendants.

(e) The Plaintiff be granted any other or further relief or reliefs to which he may be found and entitled under law though not specifically prayed in the suit."

4. As is revealed from the prayers made in the Plaint, the issue involved in the said lis is pertaining to alleged right, title, interest of the Plaintiff over the suit schedule land so also confirmation of the possession of Plaintiff over the suit land. It is not the case of the Petitioners that the Civil Court at Salipur has no territorial jurisdiction to deal with the said suit.

5. After hearing learned Counsel for the Petitioners so also going through the pleadings made in the transfer petition, this Court is of the view that the grounds urged in the transfer petition do not deserve consideration of the prayer made by the Petitioners for transfer of C.S. Case No.41 of 2019.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv34eTGY0MGays46%2Fz6ct2C1lwlsJXDxdltxdXHKmeLGf&caseno=TRP(C)/97/2026&cCode=1&cino=ODHC010244282026&state_code=11&appFlag=)

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