Mousim Akhtar v. Mohammad Firoz Hossen
Case brief
What is this about?
Orissa High Court Cuttack CMP 356 of 2025, Justice Sibo Sankar Mishra, decided 11.04.2025. Interim injunction application under Order 39 Rules 1, 2 & 3 CPC (with Order 39 Rule 3 ex-parte prayer) in unadmitted first appeal RFA 59 of 2023 arising from decreed suit C.S. 41 of 2021; District Judge Bhadrak order dated 14.02.2025 rejecting I.A. 12 of 2025 as unmaintainable set aside; application restored and expedited disposal within 15 days directed. Keywords: Order 39 CPC, interim application, admission of appeal, first appellate court, permanent injunction, ex-parte.
What did the court decide?
The impugned order dated 14.02.2025 passed by the learned District Judge, Bhadrak in RFA No.59 of 2023 was set aside; I.A. No.12 of 2025 was restored to the file of the learned District Judge, Bhadrak, who is directed to dispose of the application on its merit in accordance with law within fifteen days from the date of production of the application.