Amulya Sahoo v. Sk.Isha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.751 of 2021 Amulya Sahoo ....

Petitioner Mr. S.D. Das, Sr. Advocate -versusSk. Isha and another ....

Opposite Parties Mr. S.K. Nayak-2, Advocate

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.02.2022 I.A. No.97 of 2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned senior counsel for the Petitioner and learned counsel for the Opposite Parties.

3.

The Opposite Party No.1 has filed this Interlocutory Application bearing I.A. No.97 of 2022 for modification of the order dated 19.01.2022 passed in C.M.P. No.751 of 2021. 4.

Learned counsel for the Opposite Party No.1 further fairly submits that if an observation is given by this Court to all the parties not to utilize the order dated 19.01.2022 passed in CMP No.751 of 2021, which is equitable in nature in their evidence during trial then he will have no grievance.

5.

In such view of the matter, the I.A. is disposed of with a clarification that the order dated 19.01.2022 is equitable in nature and to protect the subject matter of the suit property and none of the parties shall utilize the said order to prove their possession right, title

// 2 // over the said property. The Trial court shall proceed in the trial without being influenced by this order in any manner. 6.

With the aforesaid observation, the I.A. is disposed of. 7.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge I.A. No.137 of 2022 03.

In views of the order passed in I.A. No.97 of 2022, the present I.A. is disposed of accordingly. No order needs to be passed. ( A.K. Mohapatra ) Judge Jagabandhu