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Orissa High CourtCMP/489/2021allowed

Laxmi Debi @ Laxmi Debata v. Usharani Das

2022-05-19Mr. Justice Biswanath Rath1 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.489 OF 2022 Kailash Chandra Dixit ....

Petitioner Mr. Amit Prasad Bose, Advocate -versusKeli Dixit and others ....

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

20.09.2022 2.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this CMP seeks to assail the order dated 11th May, 2022 (Annexure-1) passed by learned Civil Judge (Senior Division), Salipur in Civil Suit No.321 of 2016, whereby he rejected an application filed under Order XXXIX Rule 7 C.P.C..

3.

In course of hearing, Mr. Bose, learned counsel for the Petitioner submits that I.A. No.1 of 2016 filed under Order XXXIX Rules 1 and 2 C.P.C. has already been disposed of in the meantime directing the parties to maintain status quo over the suit property.

4.

Since the petition under Order XXXIX Rules 1 and 2 C.P.C. in I.A. No.1 of 2016 (in which the aforesaid petition under Order XXXIX Rule 7 C.P.C. was filed) has already been disposed of directing the parties to maintain status quo over the suit property, I am not inclined to entertain this CMP. 5.

The CMP is accordingly dismissed as infructuous. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge