Narayan Sahu v. Tribikram Sahoo

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No.766 of 2021 Narayan Sahu & Anr.

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Petitioner(s) Mr.N.P.Parija, Advocate - VersusTribikram Sahoo.

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Opposite party

CORAM:

JUSTICE BISWANATH RATH

ORDER

10.01.2022 Order No.

1.

This matter is taken up through Video Conferencing mode. 2.

Heard Mr.Parija, learned counsel appearing for the petitioners. 3.

Undisputedly, the suit involves permanent injunction and consolidation proceeding involves adjudication of right, title and interest of the parties. For the settled position of law, there is no scope for keeping stay of suit involving injunction and permanent injunction. In view of pendency of the consolidation proceeding further for the view of this Court that since the scope of adjudication on the right, title and interest aspect is heavier on the Consolidation Authorities and the suit only bearing an injunction issue, for the opinion of this Court, in the worse, judgment, if any, involving such suit and any development there through will all ultimately to be bound by the adjudication in the consolidating proceeding.

5.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout copy of the order available in the High Court's website, at par with certified copy,

subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 & 515 dated 7th January, 2022. Sks (BISWANATH RATH) JUDGE