Shree Balunkeswar Dev Bije vs Sankarsana Mohapatra .... Opposite ...
2025 Latest Caselaw 3069 Ori

Orissa High Court

Shree Balunkeswar Dev Bije vs Sankarsana Mohapatra .... Opposite ... on 29 January, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CMP No.81 of 2025

        Shree Balunkeswar Dev Bije, Baral and         ....            Petitioners
        another

                                                       Mr. P.K. Rath, Advocate

                                       -Versus-

        Sankarsana Mohapatra                          ....       Opposite Party


                   CORAM:
                   MR. JUSTICE R.K. PATTANAIK

                                     ORDER

Order                               29.01.2025
No.
01.     1.      Heard Mr. Rath, learned counsel for the petitioners.

2. Instant petition is filed by the petitioners challenging the impugned judgment under Annexure-1 passed in connection with FAO No.16 of 2020 by learned Additional District Judge, Puri dismissing the appeal under Order 41 Rule 1(r) CPC confirming the final order in IA No.1 of 2020 arising out of CS No.913 of 2015 on the grounds inter alia that the same is not legally tenable, hence, liable to be interfered with and set aside.

3. Referring to Annexure-7, Mr. Rath, learned counsel for the petitioner submits that learned court below had directed the parties to maintain status quo, however, with the final order in IA No.1 of 2020 and thereafter, the impugned judgment in FAO No.16 of 2020, the opposite party, namely, defendant No.6, who was

subsequently added, has started mischief in respect of the suit land, hence, this petition.

4. Considering the facts pleaded on record and submission of Mr. Rath, learned counsel for the petitioner, the Court is inclined to issue notice to the opposite party.

5. Hence, it is ordered.

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

7. List on 5th March, 2025 for final hearing and orders.

(R.K. Pattanaik) Judge

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

2. Instant petition is filed by the petitioner for interim orders.

3. Considering the submission of Mr. Rath, learned counsel for the petitioner and since, it is claimed that the nature and character of the suit land is likely to be changed with the indulgence of the opposite party, this Court, as an interim measure, directs that there shall be status quo maintained in respect thereof, till the next date.

4. List on the date fixed.

5. Urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik) Judge

TUDU