5. 16.03.2021

Heard Mr. Umesh Ch. Jena, learned counsel for

the Petitioner Mr. Bikram Chandra Ghadei, learned counsel

for the Opposite Parties 1 to 3 & 5.

The Petitioner in this CMP seeks to assail the

order dated 6^th March, 2018 (Annexure-5) passed by

learned Civil Judge (Junior Division), Bhadrak in CMA

No. 5 of 2018 (arising out of C.S. No. 185 of 2017),

whereby he rejected an application filed under Section 151

C.P.C. by him.

It is submitted by Mr. Jena, learned counsel for

the Petitioner that the Plaintiff-Petitioner has filed C.S.

No. 185 of 2017 for permanent injunction. During

pendency of the suit, learned Civil Judge vide his order

dated 16^th December, 2017 directed the parties to maintain

status quo over the suit land. Subsequently, the Petitioner

filed an application under Section 151 C.P.C. with a prayer

to permit him to complete the half constructed house over

the suit land, but the same was rejected on the ground that

the property belongs to the Deity, which is not made a party

to the suit. It was further observed that if the order of status

quo is modified every time, the order itself would lose its

sanctity. It is his submission that at the time of passing of

the impugned order, the Petitioner has already constructed

the house up to roof level and he may be permitted to

complete the construction of the house.

CMP NO.362 OF 2019

2

Mr. Ghadei, learned counsel for the Opposite

Parties 1 to 3 & 5 submits that the provision of Section 151

C.P.C. is not the remedy for modification of the order of

status quo, which was passed after hearing learned counsel

for the parties. The Petitioner had never raised any plea

with regard to construction of the house, when the petition

under Order XXXIX Rules 1 and 2 C.P.C. was heard.

Thus, the plea that the Petitioner has constructed the house

up to roof level is a myth. As such, the order of status quo

should not be modified, as prayed for.

Taking into consideration the submissions of

learned counsel for the parties, this Court is of the

considered view that upon hearing learned counsel for the

parties, the order of status quo was passed on 16^th

December, 2017 directing the parties to maintain status quo

over the suit land. The Petitioner thereafter filed an

application under Section 151 C.P.C. for modification of

the said order of status quo and to permit him to complete

the construction of the house. Section 151 C.P.C. cannot be

the remedy to modify the order of status quo, when the

specific provision of Order XXXIX Rule 4 C.P.C. is

available. The property belongs to the Deity, which is not

made a party to the suit. Thus, permitting the Petitioner to

make construction of the house over the property of the

Deity during pendency of the suit will not be proper.

3

In view of the above, I find that learned Civil

Judge has rightly refused to exercise the inherent power to

entertain the prayer of the Petitioner, which needs no

interference. Accordingly, this CMP being devoid of any

merit stands dismissed.

Urgent certified copy of this order be granted as

per rules.

.................................

K.R. Mohapatra, J.

bks