IN THE HIGH COURT OF ORISSA AT CUTTACK C.M.P. No.671 of 2017 (An application under Article 227 of the Constitution of India, 1950)

Pratimarani Khuntia …. Petitioner -versus-

Kapila Ray and Others …. Opposite Party Appeared in this case by Hybrid Arrangement (Virtual/Physical Mode):

For Petitioner - Mr. K. Mishra, Advocate.

For Opposite Party - None CORAM:

HON’BLE MR. JUSTICE A.C.BEHERA Date of Hearing :11.12.2025 :: Date of Judgment :11.12.2025 A.C. Behera, J. This Civil Miscellaneous Petition under Article

227 of the Constitution of India, 1950 has been filed by the petitioner challenging the impugned order dated 25.02.2016 passed in I.A. No.577 of 2015 by the learned Civil Judge (Sr. Division), Bhubaneswar arising out of C.S. No.7204 of 2015 and the impugned order dated 15.05.2017 passed in FAO No.33 of 2016 under O.43 R.1 (r) of the CPC, 1908 by the learned Addl. District Judge, Bhubaneswar.

2. The factual backgrounds of this CMP, which prompted the petitioner for filing of the same is that, the petitioner was the sole plaintiff in the suit for partition and declaration vide C.S. No.7204 of 2015 pending in the Court of learned Civil Judge (Sr. Division), Bhubaneswar.

In that suit vide C.S. No.7204 of 2015, the petitioner filed an interlocutory application vide I.A. No.577 of 2015 under O.39 R.1 & 2 read with Section 151 of the CPC, 1908 praying for restraining the O.Ps (defendants) temporarily from coming over the suit land along with other reliefs till the final disposal of the suit vide C.S. No.7204 of 2015.

Learned Trial Court rejected to the said I.A. under O.39 R.1 & 2 of the CPC, 1908 of the petitioner vide I.A. No.577 of 2015 as per the impugned order dated 25.02.2016.

3. On being dissatisfied with the said order of rejection to the I.A. No.577 of 2015 of the petitioner by the learned Civil Judge, (Sr. Division), Bhubaneswar, the petitioner challenged the same preferring an appeal vide FAO No.33 of 2016 under O.43 R.1(r) of the CPC, 1908.

4. After hearing, the learned Addl. District Judge, Bhubaneswar dismissed to the said FAO No.33 of 2016 under O.43 R.1(r) of the CPC, 1908 of the appellant/plaintiff and confirmed to the impugned order dated 25.02.2016 passed in I.A. No.577 of 2015.

5. On being aggrieved with the said order of dismissal to the FAO No.33 of 2016 passed by the learned Addl. District Judge, Bhubaneswar, the appellant challenged the same by filing this CMP under Article 227 of the Constitution of India, 1950 being the petitioner praying for quashing the said dismissal order dated

15.05.2017 passed in FAO No.33 of 2016.

6. Heard from the learned counsel for the petitioner only, as none appeared from the side of O.Ps for participating in the hearing of this CMP.

7. It is very fundamental in law that, an Appellate Court under O.43 R.1(r) of the CPC, 1908 shall not ordinarily interfere with the impugned order passed in I.A. under O.39 R.1 & 2 read with Section 151 of the CPC, 1908, unless and until the said impugned order is found to be capricious or palpably wrong/illegal.

8. After hearing and on perusal of the impugned orders along with materials on record, it is held that, neither the impugned orders are capricious nor the same are inherently/palpably illegal. For which, the question of interfering with the same by exercising supervisory jurisdiction under Article 227 of the Constitution of India, 1950 through this CMP does not arise.

9. When, this CMP has arisen out of an year old suit vide C.S. No.7204 of 2015 and when in the meantime, more than nine years have already been passed since the year of filing the suit and when as per law, the parties have the right of speedy trial of the suit, then at this juncture, it is held that, the ends of justice shall bestly be served, if the learned Civil Judge (Sr. Division), Bhubaneswar shall be directed for disposal of the said suit vide C.S. No.7204 of 2015 pending before him within a period of 6 months as per law from the date of filing of the certified copy of this judgment.