ORDER

15.12.2003 — Heard.

2. This writ petition stands disposed of at the stage of admission.

3. Learned counsel for the petitioner states that peti¬tioner is the defendant and the opposite party is the plaintiff in Civil Suit No. 682 of 2002, pending in the Court of Civil Judge (Senior Division), Bhubaneswar. Plaintiff filed Interim Application No. 582 of 2002 under Order 39, Rules 1 and 2 C.P.C. Learned Civil Judge refused to grant temporary injunction. Against that order, plaintiff filed F.A.O. No. 3 of 2003. When the appeal was pending in the Court of Additional District Judge, Fast Track Court No. IV, Bhubaneswar, plaintiff filed Interim Application No. 16 of 2003 for temporary injunction. The appel¬late Court passed order directing the petitioner not to make any construction on any portion of plot No. 167 till disposal of the appeal. Shortly after that order, plaintiff filed Interim Appli¬cation No. 24 of 2003, in the appellate Court. That application was filed under Order 39, Rule 2-A, C.P.C. alleging about under¬taking construction in spite of the aforesaid order of temporary injunction. Plaintiff filed an application under Order 39, Rule 7, C.P.C. to depute a Pleader Commi