Advocates:
['BANSHIDHAR BAUG', '', 'M R BAUG', 'R R BAUG', 'G R SAHOO', 'R R JETHI']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 499 of 2021

Sukanta Chandra patnaik and others

….

Petitioners

Mr. Banshidhar Baug, Advocate

-versus-

Cuttack Municipal Corporation and

others

….

Opp. Parties

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

05.10.2021

2.

1.

This matter is taken up through hybrid mode.

2.

Petitioners in this CMP seek to assail the order dated

13^th September, 2021 (Annexure-8) passed by learned Civil

Judge (Senior Division), First Court, Cuttack in IA. No.1 of

2021 (arising out of CS No.719 of 2021), whereby he rejected

an application filed under Order XXXIX Rule 3 CPC.

3.

It is submitted by learned counsel for the Petitioners that

Cuttack Municipal Corporation (CMC) by its illegal exercise of

power is going to close the chaka road of the Petitioners.

Hence, there is urgency in entertaining the application under

Order XXXIX Rules 1 and 2 CPC, i.e., IA No.1 of 2021 arising

out of CS No.719 of 2021.

3.1

Learned Civil Judge, without considering the same and

without reco