High Court of Orissa disposed of a writ petition and miscellaneous case drawing liberty to file fresh applications under Section 151 CPC regarding police assistance, pending under Order 39 Rule 2(A) CPC.
Liberty granted to file fresh application under Section 151 CPC for police assistance; cases disposed of as withdrawn.
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CMP No.261 of 2016
&
Misc. Case No.254 of 2016
02. 19.02.2016 Heard learned counsel for the parties.
This writ petition has been filed challenging the order dated
18.9.2015, passed by the learned Civil Judge (Jr. Division), Bhadrak, in CMA No.215 of 2015, a
rising out of C.S. No.145 of 215, rejecting the application of the plaintiffs-petitioners file
d under Section 151 C.P.C. with a prayer to direct the I.I.C., Bhandari Pokhari P.S. to implem
ent the order of status quo dated 05.5.2015, passed in I.A. No.128 of 2015.
During course of hearing, learned counsel for the petitioner p
rays for withdrawal of the applications with liberty to file fresh application under Section 1
51 C.P.C. for police assistance during hearing of I.A. No.128 of 2015, which is pending adjudi
cation under Order 39 Rule 2(A) C.P.C.
Granting such liberty, CMC and Misc. Case are disposed of as w
ithdrawn.
Issue urgent certified copy as per rules.
..
S.C. Parija, J.
uks
uks
2 issues framed by the court
Whether to grant liberty to file fresh application under Section 151 CPC for police assistance pending adjudication under Order 39 Rule 2(A) CPC.
Whether to withdraw the pending writ petition and miscellaneous case upon withdrawal of applications.
2 provisions across 2 enactments
S.C. Parija
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court