CourtKutchehry.com
High CourtsSingle Bench

Authorized Officer, Punjab National Bank Circle Office, Balasore And Another vs Preetishree Behera And Others

Orissa High Court · Decided on 30 June 2023 · Citation: (2023) 06 OHC CK 0166

HON’BLE JUDGES
K.R. Mohapatra, J
RESULT
Disposed Of
CASE NUMBER
CMP NO. 678 Of 2023
Download PDFAsk AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 382 words

K.R. Mohapatra, J

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this CMP seek to assail the order dated 22nd April, 2023 (Annexure-1) passed by learned Senior Civil Judge, Baripada in I.A. No.66 of 2023 (arising out of C.S. No.343 of 2023), whereby allowing an application under Order XXXIX Rule 3 C.P.C., learned trial Court has passed an ex parte ad-interim order of injunction. The Petitioners also seek to assail the order dated 6th May, 2023 by which ex parte ad-interim order was extended.

3.

In course of hearing, Mr. Mishra, learned counsel for the Petitioners submits that I.A. No.66 of 2023 filed under Order XXXIX Rules 1 and 2 C.P.C. has been posted to 7th July, 2023 for hearing. He further submits that interest of justice will be best served if I.A. No.66 of 2023 is disposed of on the said date on merit, giving opportunity of hearing to the parties concerned. It is his submission that the Petitioners, who are Defendant Nos.3 and 4, have already entered appearance in the suit as well as in the I.A. The Defendant Nos.1 and 2 have also entered appearance in the suit as well as in the I.A. Thus, there is no legal impediment for disposal of I.A. No.66 of 2023 on the date fixed.

4.

Considering the submission made by learned counsel for the Petitioners and the nature of relief sought for in I.A. No. 66 of 2023, this Court is of the considered opinion that it should be disposed of at an early date.

5.

In view of the above, this Court without expressing any opinion on the merits of the case of either of the parties disposes of this CMP with a direction that I.A. No.66 of 2023 (arising out of C.S. No.343 of 2023) pending in the Court of learned Senior Civil Judge, Baripada shall be disposed of on the date fixed, i.e. 7th July, 2023. If, for any reason, it is not possible to dispose of the same on the said date, the I.A. No.66 of 2023 shall be disposed of within a period of seven days thereafter and not later than that, giving opportunity of hearing to the parties concerned.

Urgent certified copy of this order be granted on proper application.

………………………………….