Advocates:
['M/S BHAKTAHARI MOHANTY', '', 'D P MOHANTY', 'M PAL', 'T K MOHANTY', 'R K NAYAK', 'P K SWAIN']

CMP No.1907 of 2016

21.02.2017

Heard Mr. D.P. Mohanty, learned counsel for the petitioners.

Mr. D.P. Mohanty, learned counsel for the petitioners, submits that the learne

d trial court directed the parties to maintain status quo. Opposite parties created disturbanc

e whereafter an application under Section 151 CPC to implement the order. Learned trial court

rejected the same on untenable and unsupportable grounds. He further submits that the Court ha

s ample jurisdiction under Section 151 CPC to implement its order.

Learned trial court has rejected the application and assigned the following re

asons;

Heard from both the sides. Perused the petition, objection and the case record. On perusal thi

s court found that the plaintiffs have filed the suit against the defendants for declaration,

partition and permanent injunction. It is pertinent here to mention that in I.A 14/2013 the pa

rties to the misc. case are directed to maintain status quo in respect of the case land till d

isposal of the suit. It is also pertinent here to mention that vide order dated 08.01.2013 in

I.A 24 of 2013 as the court held urgency and held that the suit