Location: Orissa High Court, Cuttack Date: 26-Nov-2025 16:03:30 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.1255 of 2025 (In the matter of an application under Article 227 of the Constitution of India)

Prafulla Kumar Sahoo … Petitioner -versus-

Pramila Sahoo and another … Opposite Parties Advocate(s) appeared in this case:-

For Petitioner : Mr.B.Bhuyan, Sr.Advocate For Opposite Parties : Mr.B.Swain, Advocate (for O.P.No.1)

CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

20^th November, 2025 B.P. Routray, J.

1. Present CMP is directed assailing the orders dated 21^st December 2024 and 18^th January 2025 of the learned Civil Judge (Sr.Division), Salepur passed in I.A. No.182 of 2024 and CMA No. 248 of 2024 respectively, both arising out of C.S.No.127 of 2018, wherein learned trial court has directed to maintain status quo over the properties scheduled in the I.A. and subsequently to implement the said order of status quo with police help.

Location: Orissa High Court, Cuttack Date: 26-Nov-2025 16:03:30

2. Mr. Bhuyan, learned Senior Counsel for the present Petitioner, who is defendant no.1 in the suit and Opposite Party in I.A.No.182 of 2024, in course of hearing confines his challenge to the order dated 18^th January 2025 under Annexure-8 and submits that since said order under Annexure-8 is corollary to the earlier order of status quo passed under Annexure-5, the order under Annexure-5 may be read in reference to the present challenge.

3. Present Opposite Party being the plaintiff filed the suit praying for partition where preliminary decree was passed. Against the preliminary decree, RFA No.14 of 2023 was preferred by the defendant before the First Appellate Court and upon dismissal of the same, he challenged it in RSA No.314 of 2024 before this Court in terms of Section 100 of the CPC.

4. It is admitted at the Bar that RSA No.314 of 2024 filed before this Court is now pending adjudication. Vide order dated 28^th November 2024 this Court has specifically directed in the interim to maintain status quo by the parties with regard to the suit property till 10^th February 2025. It is submitted by Mr.Bhuyan that said interim order has been extended and still operating in the second appeal.

Location: Orissa High Court, Cuttack Date: 26-Nov-2025 16:03:30

5. It is seen from Annexure-5 that despite the order of status quo was directed to both parties by this Court on 28^th November 2024, the learned trial court without referring to said order of this Court has again passed the order of status quo on 21^st December 2024 in respect of the suit property and directed to both parties to maintain status quo over the properties scheduled in the I.A.

6. Though it is not disputed at the Bar that the properties scheduled in the I.A. are covered in the suit schedule properties, but it is unclear from the submission of the parties that whether pendency of the second appeal in RSA No.314 of 2024 and consequent interim orders passed therein was brought to the knowledge of learned trial court while proceeding for final decree at the time of passing the status quo order.

7. As it is seen from the impugned order Annexure-8, it clearly reveals that such fact of pendency of the second appeal before this Court in RSA No.314 of 2024 and such interim orders passed on 28^th November 2024 therein was brought to the knowledge of the learned trial court. Despite having such knowledge, the learned trial court proceeded in directing the local police to ensure implementation of the order of status quo dated 21^st December 2024 of the trial court. It is Location: Orissa High Court, Cuttack Date: 26-Nov-2025 16:03:30 true that the order of status quo dated 21^st December 2024 under Annexure-5 passed by the learned trial court is not contrary to the interim order of this Court dated 28^th November 2024. Nevertheless, there is no necessity on the part of the learned trial court to pass such order of status quo after the same relief was granted earlier by the High Court in RSA No.314 of 2024.

8. It is admi