Tankadhar Pradhan Vs M/S. Consortium Motors Pvt. Ltd., Bhubaneswar

Heard learned counsel for the Petitioners as well as Mr. S.K. Das, learned Senior Counsel appearing for the Opposite Party. Perused the CMP application as well as the prayer made therein.

¶17

By filing the present CMP application, the Appellants in FAO No.1 of 2026 pending in the Court of learned District Judge, Sambalpur has approached this Court challenging order dated 06.02.2026 at Annexure-5 to the CMP application.

¶18

Learned counsel for the Petitioners at the outset contended that the Appellants before the learned Appellate Court, who are the defendants in the suit bearing C.S. No.99 of 2025 pending before

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Page 1 of 3.

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the learned Civil Judge Sr. Div., Sambalpur, had filed the above noted appeal challenging order dated 12.01.2026. By virtue of an order dated 12.01.2026 the learned trial Court had allowed the prayer of the plaintiff under Order-39, Rule-1 & 2 of the CPC and being aggrieved by such order, the defendants preferred the appeal before the First Appellate Court. During the pendency of the FAO before the Appellate Court the Petitioners moved an application for stay of the impugned order. Since that was not entertained by the learned Appellate Court, the Petitioners-defendants have approached this Court by filing the present CMP application.

¶21

At the stage of admission, this Court while issuing notice vide order dated 26.02.2026 passed an interim order to maintain statusquo over the suit scheduled land.

¶22

It appears that in the appeal there is only one respondent, i.e. the present Opposite Party-plaintiff. Since the present Opposite Party-plaintiff is represented by his counsel, there is no necessity to issue any fresh notice to the plaintiff in the pending appeal. Both sides are present before this Court who are also the parties before the First Appellate Court. In view of the aforesaid position, this Court disposes of the present CMP application by directing the parties to appear before the learned First Appellate Court on 01.05.2026 to which the appeal has been posted to along with a copy of today’s order. On their appearance, the learned First Appellate Court shall take up the Appellants’ interim application after providing opportunity to both sides shall pass a final order. It is further directed that since the parties have appeared before the First Appellate Court, the learned First Appellate Court shall make every

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Page 2 of 3.

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S.K. Rout

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endeavor dispose of the appeal as expeditiously as possible. It is undertaken by the learned counsels for both sides that they shall not seek any unnecessary adjournments before the Appellate Court while hearing of the appeal pending before the Appellate Court.

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With the aforesaid observation/direction, the CMP application stands disposed of. Interim order passed earlier shall continue till 01.05.2026.

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( Aditya Kumar Mohapatra ) Judge

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Signature Not Verified

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Digitally Signed Page 3 of 3. Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 02-May-2026 11:26:31

Tankadhar Pradhan v. M/S. Consortium Motors Pvt. Ltd., Bhubaneswar

Case brief

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Tankadhar Pradhan v. M/S. Consortium Motors Pvt. Ltd., Bhubaneswar

Case brief

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