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Signature Not Verified
Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Sep-2023 18:09:58
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 18571 OF 2013 Debendra Mohapatra @ Dibakar …. Petitioner Mohanty
Mr. Anubhab Maharana, Advocate on behalf of Mr. D.K. Patra, Advocate
-versus-
Ramachandra Behera and others
…. Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
01.09.2023
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// 2 //
Signature Not Verified
Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Sep-2023 18:09:58
CPC. Learned trial Court while adjudicating the matter has also relied upon the decision reported in 1987 (I) OLR 580, wherein it is held that though adjudication of question of title and possession is within the jurisdiction of the Consolidation Authority, yet only the Civil Court has jurisdiction to adjudicate the matter of injunction basing upon the prima facie possession irrespective of question of title. The decision with regard to possession and title by the Consolidation Authority is binding on the Civil Court. Thus, holding that the question of injunction cannot be adjudicated by the Consolidation Authority, learned trial Court held that the prayer of the Petitioner for stay of further proceeding of the suit till disposal of Revision Case No.407 of 2001 would not attract Section 10 CPC. Accordingly, he rejected the petition.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge
ms
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Debendra Mohapatra @ Dibakar
Ramachandra Behera and others
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
