Partly allowed

Nabaghana Sahoo v. Ahalya Das

Orissa HC5 Jan 2023CMP/1197/2022

Case brief

AI extract

What is this about?

This High Court disposed of a conspectus memorial challenging the rejection of a petition for police assistance under Section 151 CPC. The court held the lower court erred by not considering the Manoj Manjari Mahapatra guidelines and remanded the matter for reconsideration upon proper application. (86 words)

What did the court decide?

The CMP is disposed of with an observation that a reconsideration application filed by the Petitioners shall be considered keeping in mind the ratio in Manoj Manjari Mahapatra after hearing the partie

Nabaghana Sahoo Vs Ahalya Das — Landlord and Tenant | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CMP NO. 1197 OF 2022

¶3

Nabaghana Sahoo and others

¶4

…. Petitioners

¶5

Mr. Sambeet Pattanayak, Advocate -versus-

¶6

Ahalya Das and another

¶7

…. Opp. Parties

¶8

CORAM:

¶9

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

05.01.2023

This matter is taken up through hybrid mode.

¶15

2 Order dated 26^th September, 2022 (Annexure-6) passed

¶16

by learned Civil Judge (Junior Division), Nimapara in CMA No. 36 of 2022 (arising out of C.S. No. 99 of 2021) is under challenge in this CMP, whereby an application filed by the Petitioners under Section 151 C.P.C. for police assistance to implement the order of status quo has been rejected.

¶17

Mr. Pattnaik, learned counsel for the Petitioners submits that in C.S. No.99 of 2021, an application in I.A. No. 64 of 2021 was filed under Order XXXIX Rules 1 and 2 C.P.C. The said application was allowed on contest vide order dated 6^th December, 2021 and parties were directed to maintain status quo over the suit land till disposal of the suit. When the Opposite Parties tried to raise construction by stacking bricks and digging earth over the suit land, the Petitioners objected to the same. However, the Opposite Parties threatened them with

¶18

Page 1 of 3

¶19

// 2 //

¶20

dire consequence and proceeded with the work. Information lodged before the police went in vain. Hence, the Petitioners filed an application under Section 151 C.P.C. for implementation of the order of status quo by police assistance. Learned trial Court observing that the Petitioners have a remedy under Order XXXIX Rule 2-A C.P.C. rejected the said petition.

¶21

It is further submitted by Mr. Pattnaik, learned counsel for the Petitioners that in view of the guidelines set out in the case of Manoj Manjari Mahapatra and another -v- Sri Kapila @ Kapilendra Mahapatra and another , reported in 2021 (II) ILR-CUT 230, the Court should have made an enquiry as to whether the remedy provided under Order XXXIX Rule 2-A C.P.C. would be sufficient to meet the ends of justice. That having not been done, the impugned order is not sustainable.

¶22

Upon hearing learned counsel for the Petitioners and on perusal of the record, it appears that learned trial Court rejected the petition under Section 151 C.P.C. on the ground that the Petitioners have a remedy under Order XXXIX Rule 2-A C.P.C. 6. Further, this Court finds that learned trial Court has not taken into consideration the guidelines/ratio decided in Manoj Manjari Mahapatra (supra) while adjudicating the petition under Section 151 C.P.C. Hence, the matter requires reconsideration.

¶23

Accordingly, this Court disposes of this CMP with an observation that in the event the Petitioners file an application for reconsideration of their application under Section 151 C.P.C., the same shall be considered keeping in mind the ratio

Page 2 of 3

// 3 //

bks

decided in Manoj Manjari Mahapatra (supra), giving opportunity of hearing to the parties concerned.

¶28

Urgent certified copy of this order be granted on proper application.

¶29

(K.R. Mohapatra) Judge

¶30

Page 3 of 3

Nabaghana Sahoo v. Ahalya Das

Case brief

What is this about?

What did the court decide?

Nabaghana Sahoo v. Ahalya Das

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abhaya @Abhaya Ch.Ho Vs Chandraprava Hota

Kamala Rout Vs Api @Aparna Rout

Hemanta Ku.Jena Vs Subhashree Pattnaik

Shanti Oram Vs Laxmidhar Nayak

Balabhadra Pradhan Vs Sailabala Mallia

Kangali Ch.Maity Vs State