Disposed

Judhistira Pradhan v. Susanta Pradhan

Orissa HC15 Nov 2023CMP/166/2020

Case brief

AI extract

What is this about?

This Court disposed of a civil revision petition, directing that the interim status quo order regarding a suit property continue until the suit's disposal. The Court further directed the trial Court to endeavor for early disposal of the suit without unnecessary adjournments.

What did the court decide?

Extension of status quo order till disposal of suit and direction for early disposal by trial Court.

Judhistira Pradhan Vs Susanta Pradhan — Property and Title | Orissa HC (2023)

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Nov-2023 13:14:26

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 166 OF 2020

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Judhistira Pradhan and another

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…. Petitioners

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Mr. Tushar Kumar Mishra, Advocate

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-versus-

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…. Opp. Parties Mr. Ajit Kumar Panda, Advocate

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Susanta Pradhan and another

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

15.11.2023

This matter is taken up through hybrid mode.

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Judgment dated 24^th January, 2020 (Annexure-6) passed

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by learned District Judge, Cuttack in F.A.O. No.66 of 2019 is under challenge in this CMP, whereby dismissing the appeal, learned appellate Court confirmed the order dated 22^nd August, 2019 (Annexure-4) passed by learned Civil Judge (Junior Division), Banki in I.A. No.14 of 2019 (arising out of C.S. No.15 of 2019) dismissing an application under Order XXXIX Rules 1 and 2 CPC.

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Vide order dated 13^th February, 2020, this Court while issuing notice in the matter directed the parties to maintain status quo as on that date in respect of the suit property, i.e., Plot No.2098 under Khata No.802 of Mouza Talabasta in the district of Cuttack in I.A. No.167 of 2020. The said interim order is continuing till date.

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Mr. Mishra, learned counsel for the Petitioners submits that the interim order passed by this Court should continue till disposal of the suit and a direction may be made for early disposal of the suit.

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Nov-2023 13:14:26

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Mr. Panda, learned counsel for the Opposite Parties submits that the CMP has been filed against a concurrent finding of refusal of injunction. At no point of time during pendency of the suit, any interim order was passed. Thus, the Opposite Parties have already completed the construction of the house in the meantime except putting tiled roof to the latrine. Hence, the Opposite Parties should be permitted to put the tiled roof on the latrine and thereafter status quo should be maintained till disposal of the suit. He also submits that a direction may be made for early disposal of the suit taking into consideration the nature of the dispute involved.

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Considering the submissions made by learned counsel for the parties and on perusal of the record, it appears that the Plaintiffs allege that the suit property has not yet been partitioned. Mr. Panda, learned counsel for the Opposite Parties submits that pursuant to the amicable settlement between the parties, specific shares are being enjoyed by different co-sharers. The alienation in question is inter se between the co-sharers. It is also submitted that the construction of the house has already been completed except putting tiled roof on the latrine.

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In view of the above, this Court is of the considered opinion that the status quo order passed by this Court on 13^th February, 2020 should continue till disposal of the suit. 8. Accordingly, the CMP is disposed of with a direction that the party shall maintain status quo in respect of Plot No.2098 under Khata No.802 of Mouza Talabasta in the district of Cuttack till disposal of the suit.

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Signature Not Verified

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Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Nov-2023 13:14:26

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Since it is submitted by learned counsel for the parties that the suit is ready for hearing and there is no legal impediment for early disposal of the suit, this Court directs that learned trial Court shall make an endeavour for early disposal of the suit without granting any long/unnecessary adjournments to any of the parties. Parties are 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 application.

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(K.R. Mohapatra)
Judge

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Judhistira Pradhan v. Susanta Pradhan

Case brief

What is this about?

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Judhistira Pradhan v. Susanta Pradhan

Case brief

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