Narahari Barik And Another vs Dillip Kumar Barik .... Opp. Party
2024 Latest Caselaw 540 Ori

Orissa High Court

Narahari Barik And Another vs Dillip Kumar Barik .... Opp. Party on 10 January, 2024

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CMP NO. 1342 OF 2023
                 Narahari Barik and another          ....      Petitioners
                                     Mr. Manoj Kumar Mohanty, Advocate
                                           -versus-
                 Dillip Kumar Barik                        ....       Opp. Party

                        CORAM:
                        JUSTICE K.R. MOHAPATRA
                                       ORDER

Order No.                             10.01.2024
  1.        1.      This matter is taken up through hybrid mode.

2. Judgment dated 4th October, 2023 (Annexure-5) passed by learned Additional District Judge, Kendrapara in FAO No.6 of 2023 is under challenge in this CMP, whereby dismissing the appeal, learned Appellate Court confirmed the order dated 2nd January, 2023 (Annexure-4) passed by learned Civil Judge, Aul in Interim Application No.37 of 2022 (arising out of C.S. No.54 of 2022) directing the parties to maintain status quo over the suit property.

3. In course of hearing, it appears that an application under Order XXXIX Rule 2-A C.P.C. is pending against the Petitioners. It is, however, submitted by Mr. Mohanty, learned counsel for the Petitioners that the house is being constructed taking a financial assistance from Pradhan Mantri Awas Yojana (PMAY) Scheme over a negligible portion of the suit property, i.e. Plot No.945 under Khata No.20 of mouza Rainlo under Aul Tahasil in the district of Kendrapra and they will suffer irreparable loss, if they are not allowed to complete the construction of the house as the financial assistance provided to

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them will lapse. It is his submission that the Petitioners were residing in a thatched house over a small portion of the suit land. As it was destroyed, one pucca room residential house is being constructed. Learned Appellate Court holding that construction of the house was not substantially progressed and that an application under Order XXXIX Rule 2-A C.P.C. is pending, dismissed the appeal.

4. In the facts and circumstances of the case, this Court feels that when an allegation of violation of the order of status quo is sub-judice, permission to complete the construction would disturb the equity.

5. In that view of the matter, this Court disposes of the CMP with an observation that after disposal of the petition under Order XXXIX Rule 2-A C.P.C., the Petitioners will be at liberty to renew their prayer for variation of the order of status quo, if the cause of action would survive. It is further directed learned trial Court should make its best endeavour to see that the petition under Order XXXIX Rule 2-A C.P.C. is disposed of at an early date, giving opportunity of hearing to the parties concerned. Parties are also directed to co-operate with learned trial Court for early disposal of the petition under Order XXXIX Rule 2-A C.P.C.

6. It is made clear that this Court has not expressed any opinion on the merits of the case of the Petitioners.

Urgent certified copy of this order be granted on proper

application.

BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack (K.R. Mohapatra) Date: 11-Jan-2024 17:57:58 Judge