Dismissed¶18

Jaganath Swain v. Jahania Peer Saheb Bije Kakatpur , Puri

Orissa HC24 Jul 2026FAO/89/2026

Case brief

AI extract

What is this about?

Orissa High Court FAO No. 89 of 2026 (24.07.2026, Justice Biraja Prasanna Satapathy): appeal by Jagannath Swain & Anr. (counsel A. Routray) against State Wakf Tribunal, Odisha, Kataka interim status-quo order (W.T.(O)/I.A. No. 01/2025 arising out of W.T.(O)/O.A. No.01/2025) taken under Order 39 Rules 1 & 2 CPC r.w. Sec. 151 CPC on application of sole Respondent Jahania Peer Saheb Bije, Kakatpur, Puri (absent despite due service of notice); no illegality or irregularity found in the Tribunal's order; appeal dismissed with liberty to seek early disposal of the suit.

What did the court decide?

No substantive relief; the Appellants were left with liberty to move the Tribunal for early disposal of the suit. ¶18

Jaganath Swain Vs Jahania Peer Saheb Bije Kakatpur , Puri — Orissa HC (2026) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No. 89 of 2026

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Jagannath Swain & Anr.

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..... Appellants

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Mr. A. Routray, Advocate

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-versus-

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Jahania Peer Saheb Bije – ..... Respondent Kakatpur, Puri None

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CORAM:

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THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

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24.07.2026

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Order No.03

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This matter is taken up through hybrid mode.

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Heard Mr. A. Routray, learned counsel appearing for the Appellants. No appearance has been made in spite of due service of notice on behalf of the sole Respondent.

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While treating the notice sufficient as against the sole Respondent and after going through the impugned order passed by the learned P.O., State Wakf Tribunal, Odisha, Kataka, W.T.(O)/I.A. No. 01/2025 arising out of W.T.(O)/O.A. No.01/2025, it is found that the Tribunal while considering an application filed by the sole Respondent U/O-39, Rule 1 & 2 of the C.P.C. r.w. Sec. 151 of C.P.C., has directed both the Parties to maintain status-quo over the suit schedule property till disposal of the Original Application.

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Since the Tribunal has directed both the Parties to maintain statusquo over the suit schedule property till disposal of the Original Application and there is no finding against the Appellants or the Appellants have been restrained in any manner whatsoever from

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continuing with the possession over the suit schedule property as alleged, this Court is of the view that no illegality or irregularity has been committed by the learned Tribunal.

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Accordingly, this Court is not inclined to interfere with the said order and dismiss the appeal. However, it is open for the Appellants to move the Tribunal for early disposal of the suit.

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With the aforesaid liberty, the appeal stands dismissed.

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(BIRAJA PRASANNA SATAPATHY) Judge

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Sneha

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Signature Not Verified

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Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 27-Jul-2026 17:21:58

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Jaganath Swain v. Jahania Peer Saheb Bije Kakatpur , Puri

Case brief

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Jaganath Swain v. Jahania Peer Saheb Bije Kakatpur , Puri

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