The Villagers Of Village-Gobinda vs Ananta Kumar Jena And Another
2023 Latest Caselaw 7752 Ori

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 13:00:18

                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                               CMP No. 675 OF 2023
                                               The Villagers of Village-Gobinda,      ....      Petitioners
                                               Balasore and others
                                                                           Mr. Banshidhar Baug, Advocate
                                                                      -versus-
                                               Ananta Kumar Jena and another        .... Opp. Parties
                                                                 Mr. Dwarika Prasad Mohanty, Advocate
                                                                                  (For Opp. Party No.1)

                                                      CORAM:
                                                      JUSTICE K.R. MOHAPATRA
                                                                    ORDER

                       Order No.                                   17.07.2023
                             2.           1.      This matter is taken up through hybrid mode.

2. The Petitioners in this CMP seek to assail the judgment dated 20th May, 2023 passed by learned District Judge, Balasore in F.A.O. No.64 of 2022, whereby allowing the appeal, learned appellate Court reversed the order dated 16th September, 2022 passed by learned Senior Civil Judge, Balasore in I.A. No.177 of 2022 (arising out of C.S. No.686/925 of 2022), allowing an application under Order XXXIX Rules 1 and 2 C.P.C. and directing the parties to maintain status quo over the suit property.

3. In course of hearing, Mr. Baug, learned counsel for the Petitioners submits that the State of Odisha is a necessary party to the suit and accordingly an application has been filed before learned trial Court to implead it as Defendant, which is pending for consideration. Hence, he prays for withdrawal of the CMP seeking liberty to move a fresh application under Order XXXIX Rules 1 and 2 C.P.C. and submits that the said application may be directed to be disposes of on its own merit without being

// 2 // Signature Not Verified Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Jul-2023 13:00:18

influenced by the observation made by learned District Judge, Balasore in F.A.O. No.64 of 2022.

4. Mr. Mohanty, learned counsel, who has entered appearance on behalf of Opposite Party No.1 through Caveat submits that the Petitioners, if so advised, may file a fresh application under Order XXXIX Rules 1 and 2 C.P.C., but the same may be decided on its own merit.

5. Considering the submissions made by learned counsel for the parties, this Court without interfering with the impugned order, disposes of the CMP as withdrawn with a direction that in the event, the Petitioner moves an application under Order XXXIX Rules 1 and 2 C.P.C. before learned trial Court after disposal of the petition under Order 1 Rule 10 C.P.C. filed by them, the same shall be considered in accordance with law giving opportunity of hearing to the parties concerned without being influenced by any observation made by learned District Judge, Balasore in F.A.O. No.64 of 2022.

6. Learned trial Court may also make an endeavour to dispose of the petition under Order 1 Rule 10 C.P.C. at an early date, if the same is still pending.

Urgent certified copy of this order be granted on proper application.

                                                                                (K.R. Mohapatra)
               ms                                                                     Judge