Disposed

Sabita Bihari v. Maku @Bhagyadhar

Orissa HC4 Sept 2023WP(C)/13329/2013

Case brief

AI extract

What is this about?

This Court disposed of a writ petition where the interim status quo order had lasted over ten years. It directed the underlying civil suit to be disposed of expeditiously without unnecessary adjournments while maintaining the status quo.

What did the court decide?

Direction that the underlying civil suit be disposed of expeditiously without unnecessary adjournments, with status quo maintained on the suit property.

Sabita Bihari Vs Maku @Bhagyadhar — Civil Procedure and Limitation | Orissa HC (2023)

¶1

Signature Not Verified

¶2

Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Sep-2023 18:40:16

¶3

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 13329 OF 2013

¶4

Sabita Bihari

¶5

…. Petitioner Mr. Suvashish Pattnaik, Advocate

¶6

-versus-

¶7

Maku @ Bhgyadhar Jagdev and others …. Opp. Parties

¶8

CORAM: JUSTICE K.R. MOHAPATRA

ORDER

Order No.

04.09.2023

1. This matter is taken up through hybrid mode.

¶13

The Petitioner in this writ petition prays for a direction to set aside the judgment dated 4^th May, 2013 (Annexure-2) passed by learned District Judge, Khurda in F.A.O. No.1 of 2012, whereby learned appellate Court dismissing the appeal confirmed the order dated 23^rd December, 2011 (Annexure-1) passed by learned Civil Judge (Junior Division), Bhubaneswar in I.A. No.416 of 2011 (arising out of C.S. No.318 of 2011) dismissing an application under Order XXXIX Rules 1 and 2 read with 151 CPC.

¶14

Mr. Pattnaik, learned counsel for the Petitioner submits that while issuing notice in the writ petition, this Court vide order dated 24^th June, 2013 passed in Misc. Case No.12464 of 2013 directed both the parties to maintain status quo over the suit property till the next date. It appears that the matter was not listed thereafter. Thus, the interim order is continuing till date.

¶15

Although the Opposite Parties are represented through learned counsel, but none appears for them at the time of call.

¶16

Page 1 of 2

¶17

Signature Not Verified

¶18

// 2 //

¶19

Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Sep-2023 18:40:16

¶20

Since the interim order passed by this Court is continuing for more than ten years as on date, this Court disposes of the writ petition with a direction that C.S. No.318 of 2011 shall be disposed of expeditiously without granting any long/unnecessary adjournment to any of the parties, if there is no legal impediment. Parties shall maintain status quo over the suit property till disposal of the suit.

¶21

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

¶22

¶23

(K.R. Mohapatra)
Judge

¶24

Page 2 of 2

Sabita Bihari v. Maku @Bhagyadhar

Case brief

What is this about?

What did the court decide?

Sabita Bihari v. Maku @Bhagyadhar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Nilambar Mohapatra Vs Subas Chandra Sahoo

Chanchala Rajam Vs Rajam Deenabandhu

Gopiram Agarwalla Vs Inspector General of Registration, Odisha

Brundaban Sahoo Vs Srimati Dei and Ors.

Manas Ranjan Dalei Vs Rita @ Sarita @Monalisa Dalai

Vikash Agarwal Vs Sushree Suman Dash