Sabita Bihari vs Maku @ Bhgyadhar Jagdev And Others
2023 Latest Caselaw 10837 Ori

Signature Not Verified
Digitally Signed
Signed by: MADHUSMITA SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 04-Sep-2023 18:40:16


                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                                 W.P.(C) No. 13329 OF 2013
                                               Sabita Bihari                             ....        Petitioner
                                                                            Mr. Suvashish Pattnaik, Advocate
                                                                    -versus-
                                               Maku @ Bhgyadhar Jagdev and others          ....     Opp. Parties


                                                     CORAM:
                                                     JUSTICE K.R. MOHAPATRA
                                                                      ORDER

                        Order No.                                    04.09.2023
                              4.          1.       This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition prays for a direction to set aside the judgment dated 4th May, 2013 (Annexure-2) passed by learned District Judge, Khurda in F.A.O. No.1 of 2012, whereby learned appellate Court dismissing the appeal confirmed the order dated 23rd December, 2011 (Annexure-1) passed by learned Civil Judge (Junior Division), Bhubaneswar in I.A. No.416 of 2011 (arising out of C.S. No.318 of 2011) dismissing an application under Order XXXIX Rules 1 and 2 read with 151 CPC.

3. Mr. Pattnaik, learned counsel for the Petitioner submits that while issuing notice in the writ petition, this Court vide order dated 24th June, 2013 passed in Misc. Case No.12464 of 2013 directed both the parties to maintain status quo over the suit property till the next date. It appears that the matter was not listed thereafter. Thus, the interim order is continuing till date.

4. Although the Opposite Parties are represented through learned counsel, but none appears for them at the time of call.

Signature Not Verified // 2 // Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Sep-2023 18:40:16

5. Since the interim order passed by this Court is continuing for more than ten years as on date, this Court disposes of the writ petition with a direction that C.S. No.318 of 2011 shall be disposed of expeditiously without granting any long/unnecessary adjournment to any of the parties, if there is no legal impediment. Parties shall maintain status quo over the suit property till disposal of the suit.

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

                                                                                (K.R. Mohapatra)
                ms                                                                    Judge