Advocates:
['M/S UNMESH CH JENA', '', 'S K NAYAK', 'M/S B C GHADEI', 'T SAHOO', 'M R MOHANTY']

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 hi