Purna Chandra Lenka v. Pratap Kumar Lenka
Case brief
What is this about?
Single judge order dispensing with physical service of notice for an interim injunction application pending in District Court, Jajpur, due to parties already appearing, directing disposal within one month serving advocate notice.
What did the court decide?
Direction to serve notice of IA on respondent's counsel sets for disposition within one month of service.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP No.283 of 2020
1
- 14.12.2020
Due to outbreak of COVID-19, this matter is taken up through Videoconferencing.
- Heard Mr.Sandipani Misra, learned counsel for the petitioner.
- Petitioner, in this CMP prays for a direction to set aside the order dated 21.01.2020 (Annexure-3) passed by learned District Judge, Jajpur in IA No.13 of 2019 (arising out of RFA No.29 of 2017) and to restrain the opposite parties from interfering with the possession and enjoyment of the suit plot or not to change the nature and character of the suit property.
- Mr.Misra, learned counsel for the petitioner submits that the Civil Suit No.213 of 1996 filed for partition of the suit Schedule property was decreed by learned Civil Judge (Senior Division), Jajpur. Assailing the same, the petitioner has filed RFA No.29 of 2017. During pendency of the suit, the opposite parties herein who are arrayed respondents to the appeal created disturbance over the suit property. Hence, the petitioner filed IA No.13 of 2019 for injunction. The said IA was taken up for hearing on 21.03.2020 and the learned District Judge, Jajpur without realizing the fact that all the parties to the said IA had already entered appearance, directed to take out notice on all the respondents. It is the submission of Mr.Misra, learned Counsel for the petitioner that in the meantime all the respondents have already entered appearance. Hence,
2
Issues for consideration
1 issue framed by the court
Whether proof of appearance is a valid ground to relieve the District Judge from taking out notice for interim injunction application due to pandemic procedures.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondents
Coram
K.R. Mohapatra
Case details
As recorded by the court registry
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