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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Order dated 5th January, 2024 (Annexure-1) passed by learned Civil Judge (Junior Division), Bhubaneswar in I.A. No.1 of 2023 (arising out of C.S. No.2467 of 2023) is under challenge in this CMP, whereby an application filed under Order XXXIX Rule 3 CPC, has been rejected.
Mr. Jena, learned counsel submits that the Petitioner has filed the suit for declaration of right, title and interest over the suit property as well as for permanent injunction. Since the Opposite Parties taking undue advantage of wrong entry in the R.O.R., created disturbance and threatened to demolish the residential house of the Petitioner, he filed an application in I.A. No.1 of 2023 under Order XXXIX Rules 1 and 2 CPC to restrain the Opposite Parties from interfering with the possession of the Plaintiff-Petitioner and from changing the nature and character of the suit property till disposal of the suit. As there was urgency in the matter, the Petitioner filed an application under Order XXXIX Rule 3 CPC to dispense with service of notice on the Opposite Parties and to take up the I.A. for an ex parte ad interim order of injunction. Learned trial Court although recorded the case of the Petitioner, did not allow the application under Order XXXIX Rule 3 CPC and direct issuance of notice to the Opposite Parties. In the meantime, the Opposite Parties have already demolished the boundary wall of the Petitioner and he is apprehending demolition of his house at any moment. Hence, being aggrieved by the impugned order under Annexure-1, this CMP has been filed. It also submitted that the Opposite Parties have already entered appearance. But, have not filed their objection.
Taking note of the submission made by learned counsel for the Petitioner and on perusal of the record, it appears that the Opposite Parties in I.A. No.1 of 2023 are Sri Sri Lord Lingaraj Mahaprabhu Bije, Bhubaneswar and Secretary, General Administration Department, Odisha, Bhubaneswar.
Since the Opposite Parties stated to have already appeared in the I.A., this Court disposes of the CMP with a direction that learned trial Court should make all endeavour to dispose of I.A. No.1 of 2023 on its own merit as expeditiously as possible preferably within a period of three weeks from the date of production of certified copy of this order giving opportunity of hearing to the parties concerned.
Urgent certified copy of this order be granted on proper application.
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