Karunakar Mohanty vs State Of Odisha And Others
2023 Latest Caselaw 5437 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.12817 OF 2023

            Karunakar Mohanty                       ....            Petitioner(s)
                                                             Mrs.S.Jena,Adv.
                                         -versus-

            State of Odisha and others              ....     Opposite Party(s)
                                                          Mr.S.P.Panda,AGA
                                                          Mr.S.K.Dash,Adv.
                                                          Mr.S.Pattnaik,Adv.



                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

Order No.                             08.05.2023
   02.       1.     Heard learned counsel for the Parties.

2. This Writ Petition even though involves a final outcome in Mutation Appeal No.14 of 2021, pleadings as well as submission of respective counsel brings there has been rival Civil Suits bearing C.S. No.02 of 2016 & C.S. No.65 of 2017 pending for consideration at some stage or the other. While admitting that there is scope for bringing injunction application however an attempt is made by learned counsel for the Petitioner to get temporary protection at least till injunction aspect is considered by the Civil Court.

3. For there is concrete materials establishing that the parties are in the civil litigations, this Court finds, there is no question in entertaining such reliefs here. The Writ Petition stands disposed of while relegating the parties back to find out their remedy available through the pending Civil Suits. It is however observes, the ultimate judgment and decree in the Civil Suits shall bind the parties involving the outcome in the Mutation Appeal No.14 of 2021 involved herein.

// 2 //

It is made clear that even if there is no status quo order operating for the time being but in the event some property involved in civil litigation, the parties involved in avoiding multiplicity of litigation.

4. With this observation, the Writ Petition stands disposed of.

(Biswanath Rath) Judge S.Dash

SWARNAPRAV Digitally signed by SWARNAPRAVA DASH

A DASH Date: 2023.05.09 14:48:59 +05'30'