AI Structured Summary
Not yet generated for this judgment
Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
The Petitioner in this CMP seeks to assail the order dated 17th July, 2023 (Annexure-6) passed by learned 3rd Additional Senior Civil Judge, Balasore in C.S. No.142/297 of 2015, whereby an application for varying the order of status quo and to permit the Petitioner to repair the suit house, has been rejected.
It is submitted by Mr. Mohanty, learned counsel for the Petitioner that in the petition for repairing of the suit house, no provision of law has been stated. Learned trial Court also while passing the impugned order, has not referred to any provision of law to deal with such petition. Hence, this CMP has been filed.
Since the Petitioner has filed the petition for repairing of the suit house, which can only be passed varying the order of status quo dated 2nd January, 2020 passed by learned trial Court in I.A. No.100 of 2015 (arising out of C.S. No.142/297 of 2015), this Court is of the considered opinion that the application was in the nature of Order XXXIX Rule 4 C.P.C. Hence, the impugned order is appealable under Order 43 Rule 1(r) C.P.C.
In view of the above, Mr. Mohanty, learned counsel for the Petitioner prays for withdrawal of CMP to seek for appropriate remedy.
Accordingly, the CMP is disposed of as withdrawn.
Certified copy of Annexure-6 shall be returned to the learned counsel for the Petitioner on substitution of attested photocopy thereof.
Urgent certified copy of this order be granted on proper application..
…………………………