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Judgment
8 paragraphs · 340 wordsK.R. Mohapatra, J
This matter is taken up through hybrid mode.
The Petitioners being aggrieved by the order dated 29th February, 2024 (Annexure-1) passed by learned Civil Judge (Senior Division), Pipili in I.A. No.195 of 2006 (arising out of C.S. No.379 of 2006) has filed this CMP.
Mr. Tripathy, learned counsel for the Petitioners submits that the suit was initially filed in the Court of learned Civil Judge (Senior Division), Puri. Considering an application under Order XXXIX Rule 3 CPC, learned trial Court dispensing with service of notice on Opposite Parties passed an ex parte ad interim order of status quo vide order dated 13th December, 2006 under Annexure-4. Subsequently, the suit was transferred to the Court of learned Civil Judge (Senior Division), Pipili. But, the interim order was not extended. Accordingly, the Petitioners filed an application for extension of interim order. The said application was taken up for adjudication on 29th February, 2024. However, learned trial Court did not extend the ex parte ad interim order of injunction. Hence, this CMP has been filed.
In course of hearing, Mr. Tripathy, learned counsel for the Petitioners submits that in the meantime all the Opposite Parties to the I.A. have already entered appearance. Hence, there is no difficulty to dispose of I.A. No.195 of 2006 filed under Order XXXIX Rules 1 and 2 CPC at an early date.
Taking note of the submission made by Mr. Tripathy, learned counsel for the Petitioners and without expressing any opinion on the merits of the case of the parties, this Court disposes of the CMP with a direction that learned trial Court keeping in mind that I.A. No.195 of 2006 has been filed under Order XXXIX Rules 1 and 2 CPC, shall dispose of the same as expeditiously as possible preferably within a period of one month from the date of filing of the certified copy of this order providing opportunity of hearing to the parties concerned.
Urgent certified copy of this order be granted on proper application.
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