Damayanti Choudhury And Another vs Somanath Naik
2023 Latest Caselaw 13457 Ori

Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 31-Oct-2023 17:52:17




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  CMP NO.1265 OF 2023
                                    Damayanti Choudhury and another   ....                  Petitioners
                                                                             Mr. Amitav Das, Advocate
                                                                 -versus-
                                    Somanath Naik                               ....        Opp. Party
                                                                       Mr. Byomakesh Sahoo, Advocate
                                                                                       (For Caveator)

                                                CORAM:
                                                JUSTICE K.R. MOHAPATRA
                                                        ORDER

              Order No.                                31.10.2023

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

2. Judgment dated 15th September, 2023 (Annexure-6) passed by learned Additional District Judge, Sundargarh in FAO No.24 of 2023 is under challenge in this CMP, whereby dismissing the Appeal, learned appellate Court confirmed the order dated 28th August, 2023 (Annexure-4) passed by learned Senior Civil Judge, Sundargarh in IA No.59 of 2023 (arising out of CS No.228 of 2023) allowing an application filed by the Opposite Party-Plaintiff under Order XXXIX Rules 1 and 2 CPC restraining the present Petitioners from making construction over the suit Schedule property till disposal of the suit.

3. In course of hearing, Mr. Das, learned counsel for the Petitioner submits that in view of the nature of dispute involved, Petitioners have remedy before learned trial Court. Hence, he prays for withdrawal of the CMP to enable him to move learned trial Court for appropriate relief.

Signature Not Verified Digitally Signed // 2 // Signed by: ROJALIN NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 31-Oct-2023 17:52:17

4. Mr. Sahoo, learned counsel for Opposite Party-Caveator does not have any objection to the same.

5. In view of such submission, the CMP is disposed of as withdrawn.

(K.R. Mohapatra) Judge Rojalin