High Court of Orissa allowed a CMP petition by granting liberty to the petitioner to file a fresh Section 151 CPC application for injunctive relief regarding suit land in a pending revision appeal, while maintaining status quo until disposal.
Liberty granted to file fresh application under Section 151 CPC; status quo maintained on suit land pending consideration.
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. 521 of 2022
Anusuya Nanda
.…
Petitioner
Mr. M.M. Swain, Advocate
Sanjay Jajodia
.… Opposite Party
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER
17.06.2022
Order No.
1.
Page 1 of 1
filed a petition under Section 151 of CPC with prayer for a direction to maintain status-quo and to not proceed with further construction over the suit land. Said petition was supported by some photographs, some of which have been enclosed to the writ petition. Though copy of the said petition was served upon the counsel for the other side and the petition was heard, yet learned Court below was not inclined to pass any prohibitory order on the ground that he cannot do so without hearing the matter from other side. Since the Court below has specifically noted that other side was heard after service of copy of the petition, it is not understood what further hearing was required. 3. Be that as it may, since the matter is posted to 22nd June, 2022 for passing of order in the I.A., this Court deems it proper to dispose of this CMP by granting liberty to the petitioner to file a fresh application under Section 151 CPC which shall be considered and disposed of by the Court below on the same day. Till then, status quo be maintained in respect of the suit land
( Sashikanta Mishra, J) Vacation Judge
A.K. Rana
Page 2 of 2
2 issues framed by the court
Whether liberty to file a fresh application under Section 151 CPC should be granted while maintaining status quo.
Whether the writ petition should be dismissed without prejudice to a fresh application in the lower court.
2 provisions across 1 enactments
Anusuya Nanda
Sanjay Jajodia
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
