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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Jagabandhu Mahala – Appellant
Versus
Sribachha Mahala – Respondent
| Table of Content |
|---|
| 1. procedural history of the case and application details. (Para 2 , 3) |
| 2. arguments regarding the status quo and purview of cpc. (Para 4 , 5) |
| 3. court's observations on procedural correctness and misuse of section 151 cpc. (Para 6 , 7 , 8 , 9) |
| 4. final conclusion and order of the court. (Para 10 , 11) |
JUDGMENT :
1. This matter is taken up through hybrid mode.
3. Ms. Mishra, learned counsel submits that the Plaintiff-Petitioner has filed the suit for partition. Since Defendant No.1 proceeded with the construction of the suit house, an application under Order XXXIX Rules 1 and 2 CPC in I.A. No.161 of 2023 was filed to restrain the Defendant No.1 from changing the nature and character of the suit land and from making new construction over the suit properties till disposal of the suit. The Defendant No.1 contested the petition. Taking into consideration the rival cases of both the parties, learned trial Court vide order dated 20th May, 2023 (Annexure-5) directed them to maintain status quo over the suit property till disposal of the suit. The said order has not yet been challenged or varied. When the matter stood thus, an application under Section 151 in I.A. No.161 of 202
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