JUDGMENT

K . R . M o h a p atra, J.-

1. This matter is taken up through hybrid mode.

2. Judgment dated 23rd December, 2021 (Annexure-13) passed in FAO No.54 of 2021 is under challenge in this CMP, whereby exercising the power under Order XLIII Rule 1(r) CPC, learned 3rd Additional District Judge, Cuttack reversed the order dated 13th August, 2021 (Annexure-7) passed by learned Civil Judge (Junior Division), 1st Court, Cuttack in CMA No.54 of 2021 (arising out of IA No.187 of 2013 and CS No.203 of 2013).

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 05-Mar-2024 15:01:47

3. Mr. Pal, learned counsel for the Petitioners opened his argument raising serious objection with regard to the locus standi of one Dhiraj Choudhary to maintain FAO No.54 of 2021 against the order passed in CMA No.54 of 2021.

4. It is his submission that CS No.203 of 2013 has been filed by the Baptist Church Trust Association-Opposite Party No.2 with the following relief:

“23. Therefore the plaintiff prays for the following relief:-

(a) Let a decree of permanent injunction be passed against the defendants restraining them not to raise any sort of construction over the suit land, and any addition alteration renovation to the structure standing over the suit land and not to lease out/ rent out the pond situated within the church compound and not to create any sort of obstructions in the worships services, commemoration services, Marriage, Baptism and other religious and spiritual services which is continuing as usual and also which would be permitted by the special joint committee constituted by the plaintiff.

(b) Let the cost of the suit be decreed in favour of the plaintiff against the defendants.

(c) Let any other relief/relieves to which the plaintiff is entitled to may be decreed in favour of the plaintiff in the facts and circumstances of the present case.”

5. Along with the plaint, an interim application (IA No.187 of 2013) was filed under Order XXXIX Rules 1 and 2 CPC with the following prayer:

“In the circumstances this Hon’ble court may kindly be graciously pleased issue order of temporary injunction against the Opp. Parties not to erect any sorts of construction to the existing structure of the church and other building situated within the church compound including gates and boundary wall and not to leased out the pond without prior written permission of the petitioner and as per the decision of the special joint committee of the plaintiff and not to create any sorts of obstructions in the prayer service, commemoration services Marriage Services Baptism services and other religious and spiritual service of the church, which being performed since time immemorial pending disposal of the suit and for the interest of Justice.

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 05-Mar-2024 15:01:47 And for this act of kindness, the Petitioner as in duty bound shall ever pray.”

6. The said interim application was disposed of on contest vide order dated 3rd September, 2013 (Annexure-4) directing the parties to maintain status-quo over the suit property as prevailing on that date till disposal of the suit. Assailing the same, the Opposite Party No.3, namely, English Baptist Church, preferred FAO No.89 of 2013, which was dismissed vide order dated 7th February, 2014 (Annexure-5) by learned District Judge, Cuttack. Accordingly, it attained its finality. Subsequently, the Petitioner, who was Defendant No.1 in the suit filed an application under Section 151 CPC in CMA No.54 of 2021 with a prayer to grant permission for undertaking improvement works over the suit schedule property (Church and its premises) with the funds sanctioned by Government of Odisha in Works Department and direct the Opposite Parties to render their cooperation for undertaking such improvement works for preservation of the heritage of the Church. Occasion to file such an application arose, when Govern