Kailash Chandra Behera vs Damayanti Sahoo And Others .... ...
2025 Latest Caselaw 7364 Ori

Orissa High Court

Kailash Chandra Behera vs Damayanti Sahoo And Others .... ... on 22 April, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No.10265 of 2025
        Kailash Chandra Behera                     ....             Petitioner
                                              Mr. J.K. Mohapatra, Advocate

                                       -Versus-

        Damayanti Sahoo and others                 ....         Opposite Parties


                    CORAM:
                    MR. JUSTICE R.K. PATTANAIK

                                      ORDER

Order                               22.04.2025
No.
01.     1.      This matter is taken up through virtual mode.

2. Heard Mr. Mohapatra, learned counsel for the petitioner.

3. Instant writ petition is filed by the petitioner challenging the impugned judgment in FAO No.86 of 2023 as at Annexure-6 and the order in IA No.01 of 2023 i.e. Annexure-4 arising out of the suit in CS No.654 of 2023 on the grounds stated therein and at the same time, to restrain the opposite parties not to disturb his possession in respect of the case land situate over Khata No.943 corresponding to Hal Plot No.2385 measuring an area of Ac.0.12 decimals.

4. Gone through the facts pleaded on record and plea advanced. Noted down the submission of Mr. Mohapatra, learned counsel for the petitioner. Considering the same, the Court is inclined to issue notice to the opposite parties for a reply and response.

5. Accordingly, it is ordered.

6. Notice to the opposite parties by Registered Post with AD returnable at an early date and for the said purpose, requisites shall be filed by Mr. Mohapatra, learned counsel for the petitioner within seven days from today.

7. List on 24th June, 2025 for hearing and orders.

(R.K. Pattanaik) Judge

1. Heard Mr. Mohapatra, learned counsel for the petitioner.

2. Instant petition is filed for interim orders.

3. Mr. Mohapatra, learned counsel for the petitioner submits that injunction has been refused on the premise that the petitioner is in possession of Ac.0.08 decimals only and not in respect of Ac.0.12 decimals and hence, he is not entitled to the same. It is submitted that the opposite parties are not concerned with any such possession of the petitioner in respect of the case land, the same being a Govt. plot. Considering the submission as above and awaiting appearance and reply from the opposite parties, this Court, as an interim measure, directs that there shall be status quo maintained without any disturbance in possession of the petitioner vis-à-vis the plot in question till the next date.

4. List on the date fixed for further orders.

5. Urgent certified copy be issued in course of the day.

Digitally Signed                                                            Judge



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