[Cites 3, Cited by 0]
Orissa High Court
Pratimarani Khuntia vs Kapila Ray And Others .... Opposite ... on 11 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
C.M.P. No.671 of 2017
(An application under Article 227 of the Constitution of India, 1950)
Pratimarani Khuntia .... Petitioner
-versus-
Kapila Ray and Others .... Opposite Party
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. K. Mishra,
Advocate.
For Opposite Party - None
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :11.12.2025 :: Date of Judgment :11.12.2025
A.C. Behera, J. This Civil Miscellaneous Petition under Article
227 of the Constitution of India, 1950 has been filed by the petitioner
challenging the impugned order dated 25.02.2016 passed in I.A.
No.577 of 2015 by the learned Civil Judge (Sr. Division),
Bhubaneswar arising out of C.S. No.7204 of 2015 and the impugned
order dated 15.05.2017 passed in FAO No.33 of 2016 under O.43 R.1
(r) of the CPC, 1908 by the learned Addl. District Judge,
Bhubaneswar.
2. The factual backgrounds of this CMP, which prompted the
petitioner for filing of the same is that, the petitioner was the sole
Page 1 of 4
plaintiff in the suit for partition and declaration vide C.S. No.7204 of
2015 pending in the Court of learned Civil Judge (Sr. Division),
Bhubaneswar.
In that suit vide C.S. No.7204 of 2015, the petitioner filed an
interlocutory application vide I.A. No.577 of 2015 under O.39 R.1 &
2 read with Section 151 of the CPC, 1908 praying for restraining the
O.Ps (defendants) temporarily from coming over the suit land along
with other reliefs till the final disposal of the suit vide C.S. No.7204
of 2015.
Learned Trial Court rejected to the said I.A. under O.39 R.1 & 2 of
the CPC, 1908 of the petitioner vide I.A. No.577 of 2015 as per the
impugned order dated 25.02.2016.
3. On being dissatisfied with the said order of rejection to the
I.A. No.577 of 2015 of the petitioner by the learned Civil Judge, (Sr.
Division), Bhubaneswar, the petitioner challenged the same preferring
an appeal vide FAO No.33 of 2016 under O.43 R.1(r) of the CPC,
1908.
4. After hearing, the learned Addl. District Judge,
Bhubaneswar dismissed to the said FAO No.33 of 2016 under O.43
R.1(r) of the CPC, 1908 of the appellant/plaintiff and confirmed to the
impugned order dated 25.02.2016 passed in I.A. No.577 of 2015.
Page 2 of 4
5. On being aggrieved with the said order of dismissal to the
FAO No.33 of 2016 passed by the learned Addl. District Judge,
Bhubaneswar, the appellant challenged the same by filing this CMP
under Article 227 of the Constitution of India, 1950 being the
petitioner praying for quashing the said dismissal order dated
15.05.2017
passed in FAO No.33 of 2016.
6. Heard from the learned counsel for the petitioner only, as
none appeared from the side of O.Ps for participating in the hearing of
this CMP.
7. It is very fundamental in law that, an Appellate Court under
O.43 R.1(r) of the CPC, 1908 shall not ordinarily interfere with the
impugned order passed in I.A. under O.39 R.1 & 2 read with Section
151 of the CPC, 1908, unless and until the said impugned order is
found to be capricious or palpably wrong/illegal.
8. After hearing and on perusal of the impugned orders along
with materials on record, it is held that, neither the impugned orders
are capricious nor the same are inherently/palpably illegal. For which,
the question of interfering with the same by exercising supervisory
jurisdiction under Article 227 of the Constitution of India, 1950
through this CMP does not arise.
9. When, this CMP has arisen out of an year old suit vide C.S.
No.7204 of 2015 and when in the meantime, more than nine years
have already been passed since the year of filing the suit and when as
per law, the parties have the right of speedy trial of the suit, then at
this juncture, it is held that, the ends of justice shall bestly be served,
if the learned Civil Judge (Sr. Division), Bhubaneswar shall be
directed for disposal of the said suit vide C.S. No.7204 of 2015
pending before him within a period of 6 months as per law from the
date of filing of the certified copy of this judgment.
10. As such, with the aforesaid observations, this CMP is
required to be disposed of finally.
11. In result, this CMP filed by the petitioner is dismissed.
The learned Civil Judge (Sr. Division), Bhubaneswar is
directed to dispose of the suit vide C.S. No.7204 of 2015 pending
before him as per law within a period of 6 months from the date of
filing of the certified copy of this judgment.
12. As such, this CMP filed by the petitioner is disposed of
finally.
(A.C. Behera),
Signature Not Judge.
Verified Orissa High Court, Cuttack.
11.12.2025//Utkalika Nayak//
Digitally Signed Junior Stenographer
Signed by: UTKALIKA
NAYAK
Reason: Authentication
Location: High Court of
Orissa, Cuttack
Date: 12-Dec-2025
10:54:57
