The High Court directed parties to maintain status quo on disputed land used as a road during the pendency of an appeal, directed the trial court to dispose of the main appeal within two months, and disposed of the miscellaneous case.
Parties directed to maintain status quo on disputed land till disposal of the Civil Mutations Appeal.
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Misc. Case No.400 of 2014
5. 16.2.2016 Heard learned counsel for the parties.
This application has been filed challenging the order dated 02.4.2014,
passed by the learned Civil Judge, (Sr.Divn.), Balasore, in I.A. No.125 of 2014, arising out
of CMA No.601 of 2012, rejecting the application of the petitioner filed under Section 151 C.P
.C., for injuncting the opposite party from alienating the suit property.
Learned counsel for the opposite party submits that the opposite party
does not intend to alienate the suit land, which is being used as a road and he has no seriou
s objection to the passing of the order of status quo in respect of the said land only, as det
ailed in the scheduled to the application i.e. I.A. No.125 of 2014.
Considering the submissions made, parties are directed to maintain sta
tus quo in respect of the disputed land detailed in the schedule to the application, i.e. I.A.
No.125 of 2014, till disposal of the CMA No.601 of 2012.
Learned trial Court shall take effective steps to hear and dispose of
CMA No.601 of 2012 as expeditiously as possible, preferably within a period of two months from
the date of receipt of certified copy of this order.
CMP and Misc. Case are accordingly disposed of. Issue urgent certified copy as per rules.
mp .
S.C. Parija, J.
1 issue framed by the court
Whether to direct the parties to maintain status quo in respect of the disputed land during the pendency of the Civil Mutations Appeal.
1 provisions across 1 enactments
Petitioner
Opposite Party
S.C. Parija
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court