Page 1 of 6

IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP NO.927 OF 2023

Udayanath Rout

….

Petitioner

Ms. Samapika Mishra, Advocate

-versus-

Jugal Rout

….

Opp. Party

Mr. Amitav Tripathy, Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

23.11.2023

07.

1.

This matter is taken up through hybrid mode.

2.

Order dated 14^th August, 2023 (Annexure-5) passed by

learned District Judge, Nayagarh in FAO No.11 of 2023 is under

challenge in this CMP, whereby setting aside the order dated 18^th

April, 2023 (Annexure-4) passed by learned Additional Civil Judge

(Junior Division), Khandapada in IA No.04 of 2023 (arising out of

Civil Suit No.22 of 2023), has been set aside.

3.

It is submitted by Ms. Mishra, learned counsel for the

Petitioner that the suit has been filed for permanent injunction. It is

the case of the Plaintiff-Petitioner that he has left 5 Ft. vacant land

to the west of his house for maintenance of the building and

drainage of rain water. But the Defendant, encroaching upon the

same, has started construction of his house encroaching upon the

said 5 Ft. land s