Advocates:
['SUKANTA KUMAR NAYAK', '', 'K JENA', 'S S K NAYAK', 'K BEHERA', 'S SUMAN']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

C.M.P. No.263 of 2022

Ganesh Chandra Mohapatra

….

Petitioner(s)

Mr. S.K. Nayak,

Advocate

-versus-

Ananda Mohapatra & Anr.

….

Opposite Party(s)

CORAM:

JUSTICE BISWANATH RATH

Order No.

ORDER

05.04.2022

01.

1.

This petition involves allowing of an application U/o.39 rule 4

of C.P.C by the lower appellate court but however, with certain

conditions indicated therein.

2.

Even though Mr. Nayak, learned counsel for Petitioner stated

that there was no change in the situation requiring moving an

application U/o.39 Rule 4 of C.P.C., however going through the

impugned order of the trial court involving an application U/o.39 rule 4

of C.P.C at the original stage, this Court finds, the trial court has

recorded the objection of the plaintiff that in the continuance of the

order of status quo the defendant has already proceeded with the

construction. In this situation this Court finds, for the stand of the

Petitioner that there was no change in the situation, thus inviting

application U