Judhistira Pradhan And Another vs Susanta Pradhan And Another
2023 Latest Caselaw 14629 Ori

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 17-Nov-2023 13:14:26


                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                               CMP No. 166 OF 2020
                                               Judhistira Pradhan and another        ....      Petitioners
                                                                     Mr. Tushar Kumar Mishra, Advocate
                                                                       -versus-
                                               Susanta Pradhan and another           .... Opp. Parties
                                                                         Mr. Ajit Kumar Panda, Advocate

                                                    CORAM:
                                                    JUSTICE K.R. MOHAPATRA
                                                                     ORDER

                        Order No.                                   15.11.2023
                             7.           1.      This matter is taken up through hybrid mode.

2. Judgment dated 24th January, 2020 (Annexure-6) passed by learned District Judge, Cuttack in F.A.O. No.66 of 2019 is under challenge in this CMP, whereby dismissing the appeal, learned appellate Court confirmed the order dated 22nd August, 2019 (Annexure-4) passed by learned Civil Judge (Junior Division), Banki in I.A. No.14 of 2019 (arising out of C.S. No.15 of 2019) dismissing an application under Order XXXIX Rules 1 and 2 CPC.

3. Vide order dated 13th February, 2020, this Court while issuing notice in the matter directed the parties to maintain status quo as on that date in respect of the suit property, i.e., Plot No.2098 under Khata No.802 of Mouza Talabasta in the district of Cuttack in I.A. No.167 of 2020. The said interim order is continuing till date.

4. Mr. Mishra, learned counsel for the Petitioners submits that the interim order passed by this Court should continue till disposal of the suit and a direction may be made for early disposal of the suit.

Signature Not Verified Digitally Signed // 2 // Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Nov-2023 13:14:26

5. Mr. Panda, learned counsel for the Opposite Parties submits that the CMP has been filed against a concurrent finding of refusal of injunction. At no point of time during pendency of the suit, any interim order was passed. Thus, the Opposite Parties have already completed the construction of the house in the meantime except putting tiled roof to the latrine. Hence, the Opposite Parties should be permitted to put the tiled roof on the latrine and thereafter status quo should be maintained till disposal of the suit. He also submits that a direction may be made for early disposal of the suit taking into consideration the nature of the dispute involved.

6. Considering the submissions made by learned counsel for the parties and on perusal of the record, it appears that the Plaintiffs allege that the suit property has not yet been partitioned. Mr. Panda, learned counsel for the Opposite Parties submits that pursuant to the amicable settlement between the parties, specific shares are being enjoyed by different co-sharers. The alienation in question is inter se between the co-sharers. It is also submitted that the construction of the house has already been completed except putting tiled roof on the latrine.

7. In view of the above, this Court is of the considered opinion that the status quo order passed by this Court on 13th February, 2020 should continue till disposal of the suit.

8. Accordingly, the CMP is disposed of with a direction that the party shall maintain status quo in respect of Plot No.2098 under Khata No.802 of Mouza Talabasta in the district of Cuttack till disposal of the suit.

Signature Not Verified Digitally Signed // 3 // Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Nov-2023 13:14:26

9. Since it is submitted by learned counsel for the parties that the suit is ready for hearing and there is no legal impediment for early disposal of the suit, this Court directs that learned trial Court shall make an endeavour for early disposal of the suit without granting any long/unnecessary adjournments to any of the parties. Parties are directed to co-operate with learned trial Court for early disposal of the suit.

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

                                                                              (K.R. Mohapatra)
                ms                                                                  Judge