The High Court directed the trial court to dispose of the pending partition suit expeditiously by end of January 2023 and kept the interim order allowing construction in abeyance pending such disposal.
Direction to trial court to dispose partition suit by January 2023; impugned order kept in abeyance.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 513 of 2022
Subaneswar Khandai
..… Petitioner
Mr. Bibekananda Bhuyan, Advocate
-versus-
…. Opp. Parties Mr.Ajit Kumar Tripathy, Advocate (For Opposite Party No.1)
Mayadhar Khandai and others
CORAM: JUSTICE K.R. MOHAPATRA
ORDER
Order No.
15.07.2022
Page 1 of 3
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equity in case of Plaintiff/Petitioner succeeds in the suit. An objection was filed stating that such an application is not maintainable. Learned Civil Judge (Senior Division), Chandikhore, however, vide his order dated 21st May, 2022 (Annexure-10) allowed the application of Opposite Party/Defendant No.1 directing him to give an undertaking with an affidavit that if the said house falls to the share of the Petitioner, he (Opposite Party/Defendant No.1) shall demolish the said construction at his own cost and he (Defendant No.1) shall not claim equity over such construction. Assailing the same, this CMP has been filed.
Page 2 of 3
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6.1 Impugned order dated 21st May, 2022 (Annexure-10) passed by learned Civil Judge (Senior Division), Chandikhole in CMA No.25 of 2022 shall be kept in abeyance till disposal of the suit.
Issue urgent certified copy of the order on proper application.
s.s.satapathy
Page 3 of 3
2 issues framed by the court
Whether the Civil Court should expedite the disposal of the pending partition suit to resolve the lis regarding construction.
Whether the interim order allowing construction over disputed land shall remain in abeyance until the final disposal of the suit.
2 provisions across 1 enactments
Subaneswar Khandai
Mayadhar Khandai
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
