The court dismissed an application challenging the recall of an interim injunction on the grounds that the underlying injunction application had already been disposed of, rendering the challenge infructous. The hearing was conducted via video conferencing due to COVID-19.
CMP No. 7 of 2021 was dismissed as infructous.
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. 7 of 2021
None appears for the Petitioners at the time of call.
On last occasion, i.e., on 21st January, 2021, none had appeared on behalf of the Petitioners.
As it appears, the Petitioners in this CMP seek to assail the order dated 15th December, 2020 passed by learned Civil Judge, Junior Division, Jharsuguda in I.A. No.33 of 2020 arising out of Civil Suit No. 66 of 2020.
Mr. Panda, learned counsel for the Opposite Parties submitted that during pendency of Civil Suit, the Petitioners filed I.A. No.33 of 2020 and ad-interim order of injunction was passed on 10th November, 2020. Subsequently, on the strength of a petition under Section 151 C.P.C., filed by the defendant the ad interim order of injunction dated 10th November, 2020 was recalled vide order dated 15th December, 2020. The Petitioners on the very same day filed an application under Section 151 C.P.C. for extension of the ad interim order of injunction, which was rejected.
It is submitted by Mr. Panda, learned counsel for the Opposite Parties that in the meantime I.A. No.33 of 2020, filed under Order XXXIX Rules 1 and 2 C.P.C. has already been disposed of. As such, the CMP has become infructous. Taking into consideration the submission made, the CMP is dismissed as infructous.
Authenticated copy of this order downloaded from
2
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.
……..……………………
K.R. MOHAPATRA, J.
bct
1 issue framed by the court
Whether the current CMP No. 7 of 2021 which challenges the recall of an interim injunction order has become infructous following the disposal of I.A. No.33 of 2020 under Order XXXIX Rules 1 and 2 C.P.
2 provisions across 1 enactments
Petitioners
Opposite Parties
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
