Bairagi Charan Mohanty vs Dillip Mohanty And Another
2023 Latest Caselaw 9034 Ori

Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 11-Aug-2023 18:02:38




                                             IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                          CMP NO.741 OF 2023
                                           Bairagi Charan Mohanty            ....                   Petitioner
                                                                           Mr. Pradeep Kumar Parida, Advocate


                                                                   -versus-
                                           Dillip Mohanty and another                   ....     Opp. Parties


                                                CORAM:
                                                JUSTICE K.R. MOHAPATRA
                                                             ORDER

                Order No.                                  10.08.2023

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

2. Judgment dated 18th March, 2023 (Annexure-5) passed by learned District Judge, Jagatsinghpur in F.A.O. No.61 of 2022 is under challenge in this CMP, whereby dismissing the appeal, learned appellate Court confirmed the order dated 14th November, 2022 (Annexure-4) passed by learned Civil Judge (Junior Division), Jagatsinghpur in I.A.No.227 of 2022 (arising out of C.S. No.412 of 2022) directing the parties to maintain status quo over the suit property.

3. It is submitted by Mr. Parida, learned counsel for the Petitioner that during pendency of I.A.No.227 of 2022, the Petitioner had filed an application for grant of permission to complete the construction of his house which was constructed up to roof level. The said application was not taken into consideration by learned trial Court while passing the order under Annexure-4.

// 2 //

4. On perusal of the record, it appears that after closure of the argument on 2nd November, 2022, the Petitioner- Defendant No.1 filed an application for grant of permission to complete the construction of his house. At this stage, Mr. Parida, learned counsel for the Petitioner prays for withdrawal of the CMP to move the application for grant of permission of complete the construction.

5. In view of the above, this Court, without expressing any opinion on the merits of submission made, disposes of the CMP as withdrawn.

                                            (K.R. Mohapatra)
Rojalin                                           Judge