Mukul Kumar v. Laxmidhar Samantaray
Case brief
What is this about?
Orissa High Court, Cuttack; C.M.P. No.297 of 2025 under Article 227; temporary injunction; Order 39 Rule 1 & 2 CPC; prima facie case; balance of convenience; irreparable loss; triple test; lawful possession against true owner/subsequent purchaser; unregistered house rent agreement dated 20th August 2022; IMFL OFF shop Excise licence; alleged prior lease deed 21st April 2022 with Ashok Kumar Swain; counter claim for eviction; status-quo direction till final decision; C.S. No.455 of 2024; F.A.O. No.99 of 224; precedents relied on: Premji Ratansey Shah, Anathula Sudhakar, State of Kerala v. UOI, Best Sellers Retail.
What did the court decide?
Both parties directed to maintain status-quo over the suit shop house in respect of the Plaintiff's possession till final decision in the suit (C.S. No.455 of 2024). ¶110