Orissa High Court
Shakuntala Jena vs Himansu Sekhar Jena And Another .... ... on 3 January, 2025
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 06-Jan-2025 10:49:56
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP NO.1467 OF 2024
Shakuntala Jena .... Petitioner
Mr. Sudhanshu Sekhar Jena, Advocate
h
-versus-
Himansu Sekhar Jena and another .... Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 03.01.2025
01. 1. This matter is taken up through hybrid mode.
2. Petitioner in this CMP seeks for a direction to pass
appropriate order restraining the Respondents-Opposite Parties
from changing the nature and character of the suit property and
alienating the same during pendency of RFA No.122 of 2024
pending in the Court of learned District Judge, Khurda at
Bhubaneswar.
3. Mr. Jena, learned counsel submits that the Appellant is the
Petitioner in this CMP. The Appeal has been filed challenging the
judgment and decree passed in CS No.230 of 2004. Notice on
Respondent-Opposite Party No.1 could not be served, as he is
avoiding to receive the same. An application under Order V Rule
20 CPC has been filed, which is pending for consideration. At
this juncture, Respondent No.2-Opposite Party No.2 is forcibly
making construction over the suit property changing its nature and
character. Since the notice could not be served on Respondent
No.1-Opposite Party No.1, learned Appellate Court is not taking
up the petition for temporary injunction which is sub-judice.
Hence, finding no other alternative, the Petitioner has filed this
CMP seeking aforesaid relief.
Designation: JUNIOR STENOGRAPHER
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 06-Jan-2025 10:49:56
4. Considering the submission made by learned counsel for
the Petitioner and that an application under Order V Rule 20 CPC
is stated to be pending for consideration, this Court disposes of
this CMP with a direction that learned District Judge, Khurda at
Bhubaneswar shall do well to consider the said application, if
pending, within a period of fifteen days hence, if there is no legal
impediment.
5. Taking into consideration the submission made by learned
counsel for the Petitioner that Respondent No.2-Opposite Party
No.2 is making construction over the suit property, learned
Appellate Court shall also make an endeavour to take up the
petition under Order XXXIX Rules 1 and 2 CPC, if any pending,
at an early date provided that the same could be considered in
absence of Respondent No.1-Opposite Party No.1.
6. With the aforesaid observation and direction, this CMP is
disposed of.
(K.R. Mohapatra)
Rojalin Judge
