Siba Prasad Singh vs M/S. Amrita Shopping Archade ..... ...
2026 Latest Caselaw 234 Ori

Orissa High Court

Siba Prasad Singh vs M/S. Amrita Shopping Archade ..... ... on 12 January, 2026

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CMP No.2132 of 2025
            Siba Prasad Singh            .....        Petitioner
                                                           Represented by Adv. -
                                                           Manas Ranjan Baug

                                       -versus-
            M/s. Amrita Shopping Archade        .....             Opposite Party
            Owners Association
                                                            Represented by Adv. -

                                                            Mr. D.K. Sahu, AGA

                                  CORAM:
                   MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                           ORDER

12.01.2026

Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard Mr. Bansidhar Baug, learned senior counsel for the Petitioner as well as learned counsel for the State. Perused the application as well as the prayer made therein.

3. The present application has been filed under Article 227 of the Constitution of India thereby challenging the judgment dated 16.12.2025 passed by the learned District and Sessions Judge, Khurda at Bhubaneswar in FAO No.61 of 2025 thereby dismissing the appeal preferred by the Petitioner against an order granting status quo by the learned trial Court in Civil Suit No.571 of 2022 vide order dated 4.4.2025.

4. Learned senior counsel appearing for the Petitioner at the outset contended that the plaintiff association has no locus standi to file the present suit. Accordingly, the defendants have filed an application under Order 7 Rule 11 of the CPC for rejection of the plaint on such ground alone. He further contended that the learned trial Court in taking of the application under Order 7 Rule 11 took up the application under Order 39 and Rule 1 and 2 and granted status quo in respect of the scheduled suit property. Being aggrieved by such status quo order, the defendant preferred an appeal before the learned District Judge which has been dismissed and the order passed by the trial court dated 4.4.2025 has been confirmed.

5. Taking into consideration the aforesaid fact, this Court is of the view that the matter requires further consideration in presence of the Opposite Party-Plaintiff.

6. Hence, issue notice to the Opposite Party-Plaintiff by Speed Post with A.D. by fixing a short returnable date. Requisites be filed within a week.

7. List this matter in the week commencing 16.02.2026.

( A.K. Mohapatra ) Judge Sisir

Designation: Personal Assistant