Sarat Chandra Nayak vs Srinibas Nayak & Others .... Opposite ...
2025 Latest Caselaw 3844 Ori

Orissa High Court

Sarat Chandra Nayak vs Srinibas Nayak & Others .... Opposite ... on 11 February, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CMP No.1402 of 2024
            Sarat Chandra Nayak                           ....             Petitioner
                                                       Ms.Mamata Mishra, Advocate
                                            -Versus-

            Srinibas Nayak & others                       ....       Opposite Parties
                                                                             None

                         CORAM:
                         MR. JUSTICE R.K. PATTANAIK

                                            ORDER

11.02.2025 Order No.

02. 1. Heard Ms. Mishra, learned counsel for the petitioner.

2. Instant petition is filed by the petitioner challenging the impugned order under Annexure-1 passed in I.A. No. 10 of 2023 arising out of R.F.A. No. 203 of 2008 on the grounds stated therein.

3. Perused the judgment in T.S. No. 226 of 1986 i.e. Annexure-2.

4. Gone through a copy of the I.A. at Annexure-3 which was filed by the petitioner to restrain all the opposite parties from taking up construction over the suit schedule property. A copy of the objection was filed by the opposite party is at Annexure-4.

5. Ms. Mishra, learned counsel for the petitioner submits that the order of status quo, as has been directed vide Annexure-1, includes property morefully described in Lot No.2 which is self- acquired interest of the petitioner and therefore, learned court below ought not to have passed such an order of status quo and hence, the same is required to be modified.

6. In fact, the petitioner moved an application seeking injunction against the opposite parties, however, learned court below directed status quo in respect of all the properties including his self-property interest. The Court, without notices being issued to the opposite parties, is of the considered view that such an order of status quo should be as against the properties other than the self- acquired interest of the petitioner by recording such claim and accepting the same at its face value and to that extent, the impugned order i.e. Annexure-1 needs modification with a further direction for early disposal of appeal pending since 2020 as the same would serve the purpose and meet the ends of justice.

7. Accordingly, it is ordered.

8. In the result, the petition stands disposed of modifying the order in I.A. No. 10 of 2023 excluding self-acquired interest of the petitioner followed by a direction to the learned District Judge, Jajpur to ensure early hearing and disposal of RFA No. 203 of 2008 preferably within a period of four weeks from the date of receipt of a copy of this order. As a necessary corollary, the impugned order as at Annexure-1 stands modified to the extent as aforesaid.

9. A certified copy of this order be issued as per rules.

(R.K. Pattanaik) Judge