High CourtsDivision Bench

Jagannath Panigrahi vs Kalpalata Das

Orissa High Court · Decided on 17 July 2023 · Citation: (2023) 07 OHC CK 0129

HON’BLE JUDGES
K.R. Mohapatra, J
ACTS & SECTIONS REFERRED
Code of Civil Procedure, 1908 — Section 151, Order 39 Rules 1, Order 39 Rules 2
RESULT
Disposed Of
CASE NUMBER
CMP No. 280 Of 2023
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Judgment

7 paragraphs · 245 words

K.R. Mohapatra, J

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP seeks to assail the order dated 29th September, 2022 (Annexure-4) passed by learned District Judge, Balasore in I.A. No.34 of 2022 (arising out of R.F.A. No.196 of 2022), whereby allowing an application filed by the Appellant-Opposite Party, learned Appellate Court directed the parties to maintain status quo over the suit land till the next date.

3.

In course of hearing, Mr. Jena, learned counsel for the Petitioner submits that I.A. No.34 of 2022 has been filed under Order XXXIX Rules 1 and 2 C.P.C. During pendency of the said petition, the Appellant-Opposite Party filed an application under Section 151 C.P.C. and the impugned order has been passed. He, therefore, submits that interest of justice will be best served, if I.A. No.34 of 2022 is disposed of at an early date.

4.

In view of the submission made by learned counsel for the Petitioner, this Court without delving into the merit of the impugned order passed disposes of the CMP with a direction that learned District Judge, Balasore shall do well to dispose of I.A.No.34 of 2022 filed under Order XXXIX Rules 1 and 2 C.P.C. as expeditiously as possible preferably within a period of one month 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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