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Orissa High CourtCMP/1255/2019disposed off

Balaram Pattnaik v. Bibhu Prasad Sahoo

2022-03-28Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO.1255 OF 2019 Balaram Pattnaik & anr.

....

Petitioners Mr.S.N.Kar, Adv.

-versusBibhu Prasad Sahoo & ors.

....

Opposite Party(s) Mr.D.Mohapatra, Adv. for O.Ps.1 & 2 Mr.B.Nayak, Adv. for O.P.3 to 6.

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

28.3.2022 5.

1.

Heard learned counsel for the Parties.

2.

Even though this Court finds, the CMP involves allowing of an Application under Order 39 Rules 1 & 2 of C.P.C. by the trial court and the lower appellate court confirming the same leaving no scope for interfering but however on entertaining the CMP, this Court directed all the Parties to be abided by the order dated 22.12.2011 passed by the Civil Judge (Sr.Divn.), Khurda in I.A. No.167 of 2011. This order is continuing for nearly one and half years.

3.

In the interest of the Parties and looking to the nature of dispute involved herein, this Court in disposal of the CMP directs all

// 2 // the Parties involving the suit to maintain status quo in respect of the disputed property even including not creating any third party interest over the property till disposal of the Suit within six months. (Biswanath Rath) Judge M.K.Rout