Advocates:
['PRAKASH K MISHRA', '', 'R K SAHOO', 'A K DAS', 'B BAL', 'S S SATYADARSI', 'M/S SANDEEP RATH', 'P K DASH', '']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.149 of 2022

Chandana Mishra & Ors.

&.

Petitioners

Miss S. Mishra,

Mr. P.K. Mishra,

Advocates

-versus-

Basudev Rath

&.

Opposite Parties

CORAM:

JUSTICE BISWANATH RATH

Order No.

ORDER

13.04.2022

04.

1.

In spite of resistance by Miss Mishra, learned counsel for the

Petitioners to the impugned order at Annexure-8, taking resort to a

decision of the Hon9ble apex Court in the case of Anathula

Sudhakar Versus P.Buchi Reddy (Dead) by Lrs. and Others as

reported in (2008) 4 SCC 594 to keep the property intact to

ultimately achieve the benefit of judgment and decree involving the

nature of the suit involved herein this Court finds, since the

Petitioners are agreeable not to alienate rest of the disputed property

i.e. 9 decimals and also agreeable not to claim any equity in respect

of the construction undertaken already, in the event they ultimately

lose in the suit, the matter can be disposed of with interference in the

impugned order to the above extent only. This Court, therefore, in

modification of the part of the order restraining the defendants from

making construction over the scheduled 8B9 property till disposal of

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the case, modified the same to the extent that the defendant Nos.2 to

5 may go ahead with completion of the construction, but there shall

neither be transfer of such property to any 3^rd party nor shall there be

any claim for equity involving any expenditure made in the process

by the defendants. This order will come into operation provided the

defendant nos.2 to 5 i.e. the petitioners herein file an affidavit by

way of undertaking that they will not claim any equity and vacate

the disputed premises in the event they ultimately lose in the suit,

within a period of seven working days hence before the trial court.

In the meantime since there is some obstruction in disposal of the

suit involved herein for the pendency of the first appeal vide F.A.

No.264 of 1982 now on the file of the learned District Judge,

Nayagarh, the learned District Judge, Nayagarh is requested to see

completion of such appeal vide F.A. No.264 of 1982 within a period

of six months.

2.

The C.M.P. stands disposed of with the above direction.

(Biswanath Rath)

Judge

Ayaskanta Jena