Disposed

Karunakar Panigrahi v. Secretary,Bartana C.S.

Orissa HC8 Aug 2022CMP/871/2016

Case brief

AI extract

What is this about?

High Court disposed of a Code of Civil Procedure originating civil revision petition regarding a rejected interim prayer. It directed the lower court to dispose of the suit expeditiously and maintained the existing status quo on the disputed land plot pending the trial outcome.

What did the court decide?

CMP disposed; direction for expeditious disposal of C.S. No. 88 of 2016; maintenance of status quo on Plot No. 152.

Karunakar Panigrahi Vs Secretary,Bartana C.S. — Property and Title | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO. 871 OF 2016 Karunakar Panigrahi ..... Petitioner

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..... Petitioner

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Mr. Samir Kumar Mishra, Advocate

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-versus-

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…. Secretary, Bartana Co-operative Opp. Parties Society and others

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Mr. J.K. Khuntia, Advocate

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CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

08.08.2022

This matter is taken up through hybrid mode.

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The Petitioner in this CMP seeks to assail the order dated 20^th May, 2016 (Annexure-4) passed by learned Civil Judge (Junior Division), Soro in I.A. No.50 of 2016 (arising out of C.S. No.88 of 2016), whereby an application under Section 151 C.P.C. filed with a prayer to pass an order of status quo till consideration of the petition under Order XXXIX Rules 1 and 2 C.P.C. was rejected.

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This Court while issuing notice in the matter vide order dated 3^rd June, 2016 directed that status quo with regard to the suit land appertaining to Plot No.152, Khata No.70 of mouza Bartana measuring an area of Ac.0.85 decimals shall be maintained by the parties till the next date. The said interim order is continuing till date.

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Learned counsel for the parties submit that only one witness on behalf of Defendants remains to be examined in the suit.

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Page 1 of 2

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// 2 //

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In view of the above, this Court feels that interest of justice will be best served, if a direction is made for early disposal of the suit by maintaining the interim order passed by this Court on 3^rd June, 2016.

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Accordingly, this Court without delving into the merits of the case disposes of this CMP with a direction that learned trial Court shall do well to dispose of C.S. No. 88 of 2016 expeditiously. Till disposal of the suit, parties are directed to maintain status quo with regard to Plot No.152 to an extent of Ac.0.85 decimals under Khata No.70 of mouza Bartana in the district of Balasore. Parties are also directed to co-operate with learned trial Court for early disposal of the suit.

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Urgent certified copy of this order be granted on proper

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application.

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(K.R. Mohapatra) Judge

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bks

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Karunakar Panigrahi v. Secretary,Bartana C.S.

Case brief

What is this about?

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Karunakar Panigrahi v. Secretary,Bartana C.S.

Case brief

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What the court decided

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