Sanatan Sahu And Others vs Trilochan @ Lochan Sahu And Others
2023 Latest Caselaw 2775 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CMP No. 244 of 2023
                 Sanatan Sahu and others                   ....       Petitioners
                                                                          None
                                        -versus-
                 Trilochan @ Lochan Sahu and others    ....     Opp. Parties
                                           Mr. Gopinath Mishra, Advocate
                                                 (For Opposite Party No.1)
                            CORAM:
                           JUSTICE K.R. MOHAPATRA

                                       ORDER

Order No.                             04.04.2023
3.          1.      This matter is taken up through Hybrid mode.

2. None appears for the Petitioners at the time of Call.

3. Affidavit filed by Opposite Party No.1 in Court is taken on record. Copy of the same is stated to have been served on Mr. Mishra, learned counsel for the Petitioners.

4. Judgment dated 24th February, 2023 (Annexure-5) passed by learned District Judge, Balasore in FAO No.80 of 2021 is under challenge in this CMP, whereby allowing the appeal learned appellate Court reversed the order dated 20th September, 2021 passed by learned Senior Civil Judge, Balasore in IA No.122 of 2021 arising out of CS No.268 of 2019.

5. Upon hearing learned counsel for Opposite Party No.1 and on perusal of record, it appears that the Opposite Party No.1 had filed an application under Order XXXIX Rule 4 CPC for variation of order of status quo passed in IA No.171 of 2019, which was dismissed vide order dated 20th September, 2021. The Opposite Party No.1 being aggrieved filed FAO No.80 of

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2021, which was allowed vide judgment dated 24th February, 2023(Annexure-5) with following direction:-

"In view of the foregoing discussions, the Misc. Appeal is allowed. The appellant is permitted to complete his half constructed house raised over Ac.0.04 dec of land pertaining to Plot No.432 under Khata No.96. It is made clear that the appellant will not raise any new construction except completing his half constructed house. The trial court is further directed to dispose of the suit as expeditiously as possible preferably within a period of six months."

6. On the last occasion, i.e., on15th March, 2023, Mr. Mishra, learned counsel for Opposite Party No.1 had made a statement before this Court to the effect that roof of the house has already been cast in the meantime and thus, the CMP has become infructuous. Accordingly, the Opposite Party No.1 was directed to file an affidavit to that effect. Today, Mr. Mishra, learned counsel files an affidavit of Opposite Party No.1 stating as under:-

"2. That the impugned order was passed on 24.02.2023. I arranged men, materials and funds for casting of the roof of my house, which was at the lintel level on the date of initial order of status quo. At present the flooring work is being undertaken after removal of the centering materials upon casting of roofs."

7. In view of the above, the CMP is disposed of as infructuous.

Issue urgent certified copy of the order on proper application.

s.s.satapathy (K.R. Mohapatra) Judge