The High Court dismissed the petitioner's challenge to an interim injunction order granting liberty to file a modification application. Consequently, the withdrawing CMP and Misc. Case applications were disposed of.
Liberty granted to file an appropriate application for modification; CMP and Misc. Case disposed of as withdrawn.
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CMP No.195 of 2016
&
Misc. Case No.190 of 2016
02. 09.02.2016 Heard learned counsel for the parties.
This application has been filed challenging the order dated 31
.08.2015, passed by the learned Civil Judge (Sr. Division), Berhampur, Ganjam, in I.A. No.99 o
f 2015, arising out of C.S. No.397 of 2015, allowing interim application of the plaintiff-oppo
site party filed under Order 39 Rule 1 & 2 C.P.C. and restraining the petitioner to evict from
the suit property with due process of law.
During course of hearing, learned counsel for the petitioner p
rays for withdrawal of the applications with liberty to file appropriate application before th
e learned Trial Court, for modification and/or variance of the interim order.
Granting such liberty, CMP and Misc. Case are disposed of as w
ithdrawn.
Issue urgent certified copy as per rules.
S.C. Parija, J.
uks
uks
1 issue framed by the court
Whether to accept the prayer for withdrawal of CMP and Misc. Case applications with liberty to file an appropriate application for modification of the interim injunction order.
1 provisions across 1 enactments
Petitioner
Plaintiff-Opposite Party
S.C. Parija
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court