Sankarsan Das And Others vs Paramananda Barik And Others

M.S. Raman, J

This matter is taken up through Hybrid Mode.

Learned counsel for the petitioner submitted that during pendency of Civil Suit bearing C.S. No.344 of 2022 before the learned Civil Judge (Senior Division), Jajpur Road, an I.A. No.71 of 2024 was moved under Order 39, Rule-1 & 2 of the Code of Civil Procedure, where the learned Court granted order of status-quo with respect to the property involved in the suit. Against the said order of status-quo, an appeal being F.A.O. No.12 of 2024, was filed before the learned Additional District Judge, Jajpur Road. The Additional District Judge, Jajpur Road while taking up the said I.A., without calling for records from the trial Court, allowed the I.A. and thereby allowed the opposite parties-defendant to construct the First Floor over the Hal Plots No.1212 with area of Ac 0.02 decimals and Hal Plot No.1211, Ac 0.01 decimal.

He further submitted that the petitioners, before the appellate Court, being strangers should not have been allowed to construct over the subject property against which the right, title and interest as claimed in the suit are yet to be adjudicated. If at this stage the construction is allowed, serious prejudiced would be ensued to the petitioners (plaintiff before the trial Court).

Issue notice to the opposite parties by Registered post/Speed post with A.D., requisites for which shall be filed within three working days. Notice be issued fixing a short returnable date.

List this matter in the week commencing 15.07.2024 before the assigned Bench.

As an interim measure, the operation of order dated 21.05.2024 passed by the learned Additional District Judge, Jajpur Road in I.A. No.6 of 2024 (arising out of F.A.O. No.12 of 2024) be kept in abeyance till 19.07.2024.

The parties are at liberty to move for vacation or variation of the interim order passed by way of appropriate application before this Court.

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