In a calendar motion petition, the Supreme Court directed the learned Civil Judge, Bhadrak, to dispose of a pending civil M.A. concerning status quo enforcement within two months, prioritizing expeditious hearing for the parties.
Direction to Civil Judge, Bhadrak to dispose of CMA No. 226 of 2020 within two months.
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CMP No. 502 of 2020
Heard Mr. Prafulla Kumar Rath, learned counsel for the petitioner.
This CMP has been filed for a direction to learned Civil Judge (Senior Division), Bhadrak for early disposal of C.M.A. No. 226 of 2020 filed by the petitioner under Section 151 C.P.C. at an early date.
Mr. Rath, learned counsel for the petitioner submits that C.S. No. 178 of 2017(I) has been filed by the present petitioner for partition. Along with the plaint, the plaintiff-petitioner had also filed I.A. No. 563 of 2017 under Order 39 Rules 1 and 2 C.P.C. which was disposed of on 15.01.2018 directing the parties to maintain status quo over the suit schedule property till final disposal of the suit. During subsistence of said order, the opposite party Nos.1, 2 and 3, who are arrayed as defendant Nos.1, 2 and 3 respectively in the said suit, forcibly locked the shop rooms situated over the suit land, for which the petitioner was constrained to file a petition under Section 151 CPC in CMA No.226 of 2020 for police assistance to implement the order of status quo. He verily relied upon the case law in the case of Subal Kumar Dey -v- Purna Chadra Giri and others , reported in 1989 (1) OLR 398 , wherein it is held that when the punishment for violation of the order of injunction is not sufficient,
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the Court can take assistance under Section 151 CPC for appropriate direction for implementation of the order.
In that view of the matter, he prays for a direction for early disposal of the said CMA No.226 of 2020 filed under Section 151 CPC.
Taking into consideration the submission made by learned counsel for the petitioner, this Court is of the considered opinion that learned Civil Judge (Senior Division), Bhadrak should take a decision in CMA No. 226 of 2020 on its own merit, at an early date. Accordingly, this Court, without expressing any opinion on the merits of the case of the petitioner, disposes of the CMP with a direction to learned Civil Judge (Senior Division), Bhadrak to consider and dispose of CMA No. 226 of 2020, in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of an authenticated copy of this order, giving opportunity of hearing to the parties concerned, if there is no other legal impediment.
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.
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K.R. Mohapatra, J.
bct
Colour shows how this judgement treated each authority
Subal Kumar Dey -v- Purna Chadra Giri and othersReferred¶5
1989 (1) OLR 398
Petitioner
Respondents
K.R. Mohapatra
As recorded by the court registry
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