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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Rasbihari Pradhan – Appellant
Versus
Major Kamal Kanta Das – Respondent
JUDGMENT :
A.C. Behera, J.
This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the petitioner(defendant in the suit vide C.S. No.1825 of 2023) against the Opposite Parties(plaintiffs) praying for quashing(setting aside) the impugned order dated 06.01.2024 (Annexure-4) passed in I.A. No.01 of 2023 arising out of C.S. No.1825 of 2023 by the learned Senior Civil Judge, Bhubaneswar and the impugned judgment dated 25.06.2024(Annexure-6) passed in FAO No.17 of 2024 by the learned 3rd Additional District Judge, Bhubaneswar.
2. The factual backgrounds of this Civil Miscellaneous Petition, which prompted the petitioner for filing of the same is that, the Opposite Parties being the plaintiffs filed a suit vide C.S. No.1825 of 2023 in the court of learned Senior Civil Judge, Bhubaneswar against the petitioner arraying him as defendant praying for declaring the RSD Nos.1113100169/19 and 11131906637/19 as null and void and to injunct the defendant permanently restraining him from coming upon the suit land and to direct the defendant to demolish the illegal constructions raised on the suit schedule properties and to recover the possession of the
Ambiguous status quo orders are unsustainable; courts must specify the status to be preserved to avoid legal uncertainties.
The court upheld that an injunction is not grantable when a petitioner has an equally efficacious remedy available in prior ongoing litigation concerning the same subject matter, emphasizing respect ....
The court affirmed its inherent authority to issue preservation orders under Article 227 and Section 151 of CPC, regardless of injunction criteria not being satisfied, emphasizing the maintenance of ....
Jurisdiction under Article 227 cannot be invoked to correct subordinate court errors unless manifest injustices occur; findings on temporary injunction based on ownership records must be respected pe....
A court must issue reasoned orders for all applications, even after a case is disposed of, rejecting motions based solely on functus officio is contrary to natural justice.
Amendments in civil suits for partition are to be allowed to ensure all issues are resolved, minimizing litigation unless they cause injustice or prejudice to the other party.
In partition suits, amendments to the plaint should be allowed unless they cause injustice or prejudice to other parties, promoting efficiency in resolving disputes.
The definition of 'status quo' in legal terms encompasses both possession and user of property; alterations to this status trigger violation of court orders under Article 227.
Amendments to the plaint should be allowed to minimize litigation and ensure all issues are addressed, provided they do not cause injustice or prejudice to the opposing party.
In partition suits, all co-owners retain interest in joint properties until a formal partition is established, necessitating expedient resolution of such suits.
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