Bidhan Chandra Das vs Abantibhusan Mahala .... Opposite ...
2025 Latest Caselaw 674 Ori

Orissa High Court

Bidhan Chandra Das vs Abantibhusan Mahala .... Opposite ... on 15 May, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    CMP No.745 of 2025
            Bidhan Chandra Das                         ....              Petitioner
                                                        Mr. S. Mantry, Advocate
                                            -Versus-
            Abantibhusan Mahala                        ....        Opposite Party
                                                        Mr. K.K. Rout, Advocate

                         CORAM:
                         MR. JUSTICE R.K. PATTANAIK

                                           ORDER

15.05.2025

Order No.

02. 1. Heard Mr. Mantry, learned counsel for the petitioner and Mr. Rout, learned counsel for the opposite party.

2. Instant petition is filed by the petitioner challenging the impugned judgment dated 25th April, 2025 as at Annexure-5 passed in connection with F.A.O. No.79 of 2025 (09 of 2023) by learned Additional District Judge, Pattamundai on the grounds stated therein.

3. It is submitted by Mr. Mantry, learned counsel for the petitioner that an order of status quo was passed by learned Senior Civil Judge, Pattamundai in I.A. No.70 of 2022 but the same has been set aside in F.A.O. No.79 of 2025 (09 of 2023).

4. Mr. Rout, learned counsel for the opposite party, on the other hand, submits that the possession lies with the opposite party, hence, considering the same, the order of status quo was overturned by learned Additional District Judge, Pattamundai in the FAO.

5. In course of hearing, Mr. Mantry, learned counsel for the petitioner submits that the possession is in the hands of the petitioner on account of a purchase in respect of a part of the plot.

Mr. Rout, learned counsel for the opposite party, however, submits that the entire plot is purchased by the opposite party and he is in possession. Since, there is scramble over possession in respect of the suit schedule land with rival claims, the Court is of the view that the CMP should be fixed to 18th June, 2025 for final hearing and orders.

(R.K. Pattanaik) Judge

02. 1. Awaiting final disposal of the CMP, recording the submissions of learned counsel for the respective parties, the Court directs the parties to maintain status quo vis-à-vis the subject involved in the suit till the next date.

2. List on the date fixed.

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

(R.K. Pattanaik) Judge Balaram