Duryodhan Sahu Vs Home Dept.of Orissa — Orissa HC (2025) — LawSathi Research

Duryodhan Sahu Vs Home Dept.of Orissa — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

I.A. No.53 of 2025 disposed of with a direction to the learned Civil Judge (Senior Division), Bhadrak to consider the appellants' application for interim orders immediately before proceeding with the trial, and to dispose of any such application already filed in T.S. No.273 of 1990-I within seven days from receipt of a copy of this order; urgent certified copy ordered as per rules.

Issue for consideration

Whether, following disposal of the appeal (with the order of remand upheld) and commencement of construction over the schedule property, this Court should direct the learned Civil Judge (Senior Division), Bhadrak to consider and expeditiously deal with the appellants' application(s) for interim orders pending disposal of T.S. No.273 of 1990-I.

Court's answer

Considering that the order of remand has been upheld with disposal of the appeal and the suit remains pending, the Court directed the learned Civil Judge (Senior Division), Bhadrak to consider the appellants' application for interim orders immediately before proceeding with the trial.

Ratio / Principle

Any application already filed in T.S. No.273 of 1990-I by the appellants seeking interim orders against the construction commenced over the schedule property shall be disposed of within seven days from the date of receipt of a copy of this order.

Detailed headnote1 paragraphs

Interim application (I.A. No.53 of 2025) in S.A.O No.11 of 2004 — Duryodhan Sahu & others v. Home Department of Orissa (represented by the Superintendent of Police, Bhadrak and others), High Court of Orissa at Cuttack, R.K. Pattanaik, J., order dated 28.10.2025. With the appeal disposed of by judgment of the Court dated 13th October, 2025 upholding the order of remand, and status quo ceasing with disposal of the appeal, construction commenced over the schedule property. The appellants sought interim protection pending disposal of T.S. No.273 of 1990-I before the learned Civil Judge (Senior Division), Bhadrak. The Court disposed of the IA by directing the trial court to consider the appellants' interim-order application immediately before proceeding with the trial, and further directed that any such application already filed seeking interim orders against the commenced construction be disposed of within seven days from receipt of a copy of this order. Urgent certified copy ordered as per rules.

IN THE HIGH COURT OF ORISSA AT CUTTACK

S.A.O No.11 of 2004

Duryodhan Sahu & others

…. Appellants

Mr. Soumya Mishra, Advocate

-Versus-

Home Department of Orissa, …. Respondents represented by the Superintendent of Police, Bhadrak and others

Mr. P.K. Ray, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

28.10.2025

I.A. No.53 of 2025

Order No.

Heard Mr. Mishra, learned counsel for the appellants and Mr. Ray, learned AGA for the respondents.

Instant IA is filed by the appellants for interim orders till disposal of the suit in T.S. No.273 of 1990-I pending before the learned Civil Judge (Senior Division), Bhadrak on the grounds stated.

It is submitted that in view of the disposal of the appeal by judgment of this Court on 13^th October, 2025, construction over the schedule property has commenced, while is likely to affect the interest of the appellants. The further submission is that status quo was directed and remained in force till disposal of the appeal and considering the same, a direction may perhaps be issued to the learned Trial Court to deal with the

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application filed in the meantime for interim orders pending disposal of the suit.

Recorded the submission of Mr. Ray, learned AGA appearing for the respondent.

Since the order of remand has been upheld with the disposal of the appeal and the suit in T.S. No.273 of 1990-I is pending disposal, this Court, considering the submission of Mr. Mishra, learned counsel for the appellants about the application filed for interim orders, is inclined to direct the Court of learned Civil Judge (Senior Division), Bhadrak to consider the same immediately before proceeding with the trial.

Hence, it is ordered.

Consequently, the IA is disposed of with the above direction to be complied with by the learned Civil Judge (Sr. Division), Bhadrak. It is directed that any such application, if already filed in T.S. No.273 of 1990-I seeking interim orders as against the construction commenced over the schedule property having been received from the appellants, it shall be disposed of within seven days from the date of receipt of a copy of this order.

8. Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge

Alok Signature Not Verified

Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 29-Oct-2025 10:58:08

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