Misc. Case No.336 of 2016
This misc. case has been filed by the petitioner for stay.
After hearing Mr. R.K. Mohanty, learned Senior Advocate for the petitioner and
Mr. Rath, learned counsel for the opposite party no.1, this Court by order dated 2.3.2016 dir
ected that further proceeding in R.F.A No.282 of 2015 pending in the court of the learned Dist
rict Judge, Balasore shall remain stayed till the next date.
Mr. Rath, learned counsel for the opposite party no.1, submits that due to obs
truction created by the opposite party no. 2, opposite party no.1 is not in a position to go t
o her house. He submits that in FAO No.254 of 2012, this Court appointed Mr. Gautam Mishra as
Advocate Commissioner on 29.5.2012. Learned Advocate Commissioner submitted the report. On 11.
6.2012, a Bench of this Court after perusing the report came to hold that the house of the opp
osite party no.1-appellant therein is without any access. She will face extreme hardship if ob
struction is not removed as she would have no access from her house. The Inspector-in-charge,
Soro Police Station was directed to remove the blockade made by respondent no.1-opposite party
no.2 herein enabling the opposite party no.1 to use the road from her house. Finally, the app
eal was disposed of on 5.9.2012 making the interim order dated 11.6.2012 absolute till disposa
l of the suit. It was observed that as the easementary right is claimed over the passage as in
dicated in the map of the Commissioners report, the parties shall not change the nature of the
suit property during pendency of the suit. He further submits that after the suit was dismiss
ed, again the opposite party no.2 obstructed the passage. In the event further proceeding of t
he appeal is stayed, she will face immense difficult and hardship. He further submits that the
petitioner has filed an interim application being I.A No.169 of 2015 under Order 39 Rule 1 an
d 2 CPC praying therein to direct the opposite parties to remove the blockage lying over the s
uit land. The said application is still pending.
In view of the same, ends of justice would be better served if a direction is
made to the learned District Judge, Balasore to dispose of I.A. No.169 of 2015 within a period
of thirty days from the date of production of a certified copy of the order. Learned District
Judge is directed to dispose of the said application keeping in view the order passed by this
Court in FAO No.254 of 2012.
