Bilasi Mukhi vs Brahmananda Sahoo And Others

K.R. Mohapatra, J

This matter is taken up through hybrid mode.

Petitioner in this CMP prays for a direction to restrain the Opposite Parties from making any construction and fencing the land in question under Annexures-1 to 3 till disposal of CS No.294 of 2024 pending in the Court of learned Civil Judge, Junior Division, Bhubaneswar.

Mr. Mohanty, learned counsel for the Petitioner submits that CS No.294 of 2024 has been filed for permanent injunction. Along with the plaint, the Plaintiff-Petitioner filed I.A. No.01 of 2024 under Order XXXIX Rules 1 and 2 CPC to restrain the Opposite Parties from entering upon the suit land and changing the nature and character of the suit land. As the Opposite Parties are proceeding with the construction, an application under Order XXXIX Rule 3 CPC was also filed with a prayer to dispense with service of notice on the Opposite Parties and to take up the IA for an ex parte ad interim order of injunction. The said application was rejected vide order dated 21st February, 2024 (Annexure-5).

Mr. Mohanty, learned counsel for the Petitioner submits that learned trial Court, without appreciating the urgency in the matter, directed to issue notice to the Opposite Parties in both ways at the cost of the Petitioner and posted the matter to 7th March, 2024 for their appearance and filing show cause. In the said process, the matter is being adjourned and the Opposite Parties are proceeding with the construction. Hence, finding no other alternative, this CMP has been filed.

Upon hearing learned counsel for the Petitioner and on perusal of the record, it appears that the Petitioner does not challenge the order of rejection of application under Order XXXIX Rule 3 CPC.

It is submitted by learned counsel for the Petitioner that the Opposite Parties have already entered appearance on 7th March, 2024 and sought for an adjournment to file their show cause. Since the Opposite Parties have already entered appearance, learned trial Court should make an endeavour for early disposal of the petition under IA No.01 of 2024 filed under Order XXXIX Rules 1 and 2 CPC at an early date without granting any adjournment to the Opposite Parties liberally keeping in mind that the petition is filed for injunction and delay in disposal of the petition may defeat the purpose for which it is filed.

With the aforesaid observation, this CMP is disposed of.

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

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