The High Court of Orissa held that filing a writ petition to restrain transfer of suit property during pendency of civil proceedings was misconceived. The Court directed petitioners to seek interim relief from the competent Civil Court.
Writ petition dismissed; petitioners directed to move competent Civil Court for redressal.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11686 of 2021
Jiten Satnami @ Gudu & another .……. Petitioners
Mr. Bikram Chandra Ghadei, Adv.
-Versus-
State of Odisha & others .……. Opposite Parties
Mr. R.P. Mohapatra, AGA
CORAM:
JUSTICE C.R. DASH
ORDER
15.09.2021
Order No.
02.
1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard.
3. The allegation of the petitioners is that, during pendency of
C.S. No.197 of 2017 and C.S. No.45 of 2020 between the parties
before the Court of the learned Civil Judge (Senior Division), Khariar,
opposite party No.3 is trying to alienate some suit property.
tendered by opposite party No.3. When the suit is pending and the petitioners have the right to move for interim protection from the Civil Court, filing of this writ petition with such prayer is misconceived.
of.
Subha
1 issue framed by the court
Whether filing a writ petition seeking a direction to Sub-Registrar not to accept transfer instruments during pending civil proceedings is misconceived.
Jiten Satnami @ Gudu & another
State of Odisha & others
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
