Sk.Usman v. Zarina Begum
Case brief
What is this about?
The High Court clarified the interim order on status quo in a property suit. Finding no instruction on the appeal's status after a decade, the Court confirmed the interim order and directed expeditious disposal below within two months.
What did the court decide?
Interim order of 12.05.2005 confirmed; appeal disposed with direction to dispose of pending appeal within two months.
What the court decided
F.A.O. No. 168 of 2005
13.01.2016 Heard Mr.S.Mishra, learned counsel for the appellants.
2. This appeal is directed against order dated 23.04.2005 passed by the 2nd Addit
ional District & Sessions Judge, Cuttack in I.A. No.54 of 2005 arising out of R.F.A. No.35 of
2004 directing the parties to maintain status quo in respect of the suit property. Further, wh
ile issuing notice in the matter on 12.05.2005, this Court passed the following interim order.
The impugned order dated 3.4.2005 passed in I.A. No.54 of 2005 by the learned 2nd Addl
. District Judge, Cuttack is clarified that the respondents may carry on repairing work, but n
o new construction shall be undertaken.. The renovation work may include construction of any s
tructure demolished over 16 decimals of land as indicated by the lower appellate court.
3. In the meantime, ten years have already lapsed. Mr.Mishra, learned counsel for
the appellants submits that he has no instruction as to whether the appeal is still pending.
In that view of the matter, this Court confirms the interim order dated 12.05.2005 passed by t
his Court and disposes of the present appeal with a direction that if the appeal is still pend
ing before the Court below the same shall be disposed of as expeditiously as possible, prefera
bly within a period of two months from the date of production of certified copy of this Court.
Issue urgent certified copy of the order on proper application.
K.R.Mohapatra,J.
Issues for consideration
2 issues framed by the court
Whether the present appeal is still pending and requires disposal despite a lapse of ten years.
To confirm the interim order regarding the status quo in the underlying property suit.
Parties & counsel
- appellant
Appellants
- respondent
Respondents
Coram
K.R.Mohapatra
Case details
As recorded by the court registry
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