Niranjan Rout v. Sri Sri Lord Lingaraj Mahaprabhu Bije, Bbsr
Case brief
What is this about?
Dismissal of a writ prayer for interim protection/preservation of suit land recorded in the name of Lord Lingaraj as per RoR, contested through pending civil suit CS No.1984 of 2021; Court held that specific Code of Civil Procedure provisions exist for the Civil Court to decide, so writ petition not entertained. Bench: Justice B. P. Routray; counsel: S.S. Jena (petitioner), P.K. Rath (Sr.) for Bhubaneswar Municipal Corporation, S. Kar for O.P. No.1/Trustee Board.
What did the court decide?
As specific provisions are available under the Code of Civil Procedure to be decided by the Civil Court, the writ petition seeking protection and preservation of the suit property pending disposal of the civil suit is not entertained and is dismissed. ¶¶16