Uttam Kumar Nayak Vs Umakanta Nayak

Present C.M.P. is directed against the order dated 10.04.2025 of the learned Civil Judge (Sr. Divn.), Nilgiri passed in I.A. No.34 of 2024 (arising out of C.S. No.319 of 2022-I).

The Plaintiff after getting the interim order of temporary injunction in his favour alleged violation of the same against the Defendants, who are the present Opposite Parties. Thereafter, he approached the learned trial court under Order 39 Rule 2-A, C.P.C., which is pending adjudication till date, as per the submission of the parties. In the meantime, the Plaintiff filed a petition under Section 151 of the C.P.C. praying for Police help to effect the order of interim injunction against the Defendants and to stop them raising any construction on the suit schedule land. The said prayer of the Plaintiff has been rejected by the learned trial court mainly on the ground that he has failed to satisfy the

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Sep-2025 18:38:49

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court regarding any violation by the Defendants as alleged by the plaintiff.

Having asked to Mr. A.K. Behera, learned counsel for the Petitioner, he is unable to produce any material with regard to the allegation of violation of the interim order of the learned trial court by the Defendants. Neither any photograph nor any other document or material could be produced to prima facie satisfy before this Court regarding his allegation of violation of the interim order against the Defendants.

On the other hand, Mr. R. Singh, learned counsel for the Opposite Parties 1 to 8-Defendants submits that, this is the third consecutive petition filed under Section 151 of the C.P.C. before the learned trial court alleging the same allegations against the Defendants, which is not at all a fact. According to Mr. Singh, the Defendants have utmost regard to the interim order passed by learned trial court and they have never violated the same.

Upon hearing both parties and in absence of any such material found to substantiate such allegations of violation against the Defendants, no reason is seen to interfere with the impugned order of the learned trial court dated 10.04.2025.

Accordingly, the C.M.P. is dismissed confirming the order of the learned trial court dated 10.04.2025.

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Sep-2025 18:38:49

B.K. Barik Signature Not Verified

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Uttam Kumar Nayak v. Umakanta Nayak