Sasmita Samantaray vs Prasanta Kumar Sahoo And Others

K.R. Mohapatra, J

This matter is taken up through hybrid mode.

Petitioner in this CMP seeks to assail the order dated 15th November, 2023 passed by learned Senior Civil Judge, Pipili in IA No.89 of 2023 (arising out of CS No.157 of 2023), whereby hearing of petition to pass an order of status-quo till filing of the written objection by the Opposite Parties was deferred by allowing the Opposite Parties to file objection to the same.

It is submitted by Mr. Dash, learned counsel for the Petitioner that the Plaintiff, being the Petitioner, has filed the suit for partition, permanent injunction and other ancillary reliefs. Along with the plaint, the Plaintiff filed an application under Order XXXIX Rules 1 and 2 CPC. As Opposite Party No.2 is contemplating to raise construction over the suit property and create third party interest, the Petitioner had also filed an application under Order XXXIX Rule 3 CPC, which was rejected on 4th October, 2023. Thereafter, notices were issued to the Opposite Parties. They entered appearance on 20th October, 2023 and sought for adjournment to file objection to the Petition under Order XXXIX Rules 1 and 2 CPC. Accordingly, the matter was posted to 1st November, 2023 for the aforesaid purpose. Though, it appears that no step was taken by the Opposite Parties on the said date, but the Court suo-motu adjourned the matter to 15th November, 2023, in spite of prayer of the Petitioner for hearing of the petition under Order XXXIX Rules 1 and 2 CPC, as there was urgency.

It is his submission that the matter is next posted to 15th December, 2023 for filing of show cause and hearing. It is submitted that unless an interim order is passed in the meantime, the Petitioner will be seriously prejudiced and will suffer irreparable loss.

Taking into consideration the submission made by learned counsel for the Petitioner, this Court feels that learned trial Court should have shown seriousness and taken up IA No.89 of 2023 filed under Section Order XXIX Rules 1 and 2 CPC at the earliest, as it involves a prayer of temporary injunction. If the Opposite Parties have not yet filed objection, the Court should not wait for the same for eternity.

As such, this Court without expressing any opinion on the merits of the case of the Petitioner, disposes of the CMP with a direction that on production of the certified copy of this order, learned trial Court should make all endeavour to see that IA No.89 of 2023 is taken up on the date fixed for the purpose for which it is posted and also make an endeavour to see that it is heard on that date. If for any reason, it is not taken up for hearing on the said date, the same shall be taken up within four days therefrom and not beyond that giving opportunity of hearing to the parties concerned.

With the aforesaid observation and direction, the CMP is disposed of.

Issue urgent certified copy of this order be granted on proper application.

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