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IN THE HIGH COURT OF ORISSA AT CUTTACK

CMP No. 1328 OF 2023

(An application under Article 227 of the

Constitution of India)

****

Soumya Sarthak Ray

….

Petitioner

-versus-

Alaka Ghosh and another

….

Opp. Parties

Advocates appeared:

For Petitioner

: Mr. Bibekananda Bhuyan, Advocate

For Opp. Party

: Mr. Tushar Kumar Mishra, Advocate

(For Opposite Party No.1)

Mr. Jayadeep Pal, Advocate

(For Opposite Party No.2)

CORAM:

JUSTICE K.R. MOHAPATRA

---------------------------------------------

Heard & Disposed of on : 06.12.2023

---------------------------------------------

JUDGMENT

Order No.

3.

1.

This matter is taken up through hybrid mode.

2.

Order dated 19^th October, 2023 (Annexure-7) passed by

learned Senior Civil Judge, Bhubaneswar in CS No.550 of 2022

is under challenge in this CMP, whereby an application filed by

the Defendant No.1/Petitioner to stay further proceeding of the

suit till disposal of CS No.1964 of 2019 pending in the said

Court, has been rejected.

Digitally Signed

Signed by: SASANKA SEKHAR SATAPATHY

Reason: Authentication

Location: HIGH COURT OF ORISSA CUTTACK

Date: 07-Dec-2023 19:25:13

Signature Not Verified

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3.

Mr. Bhuyan, learned counsel submits that Defendant

No.1 is the Petitioner in this CMP. He has also filed CS No.1964

of 2019 with the prayer for following direction.

“a)

Let a decree for permanent injunction be passed

restraining the defendant from coming over the suit land

and evict the plaintiff therefrom forcibly, and/or interfere

in the peaceful possession of the plaintiff over the suit

premises in any manner whatsoever;

b)

Let the cost of the suit be decreed in favour of the

plaintiff; and

c)

Any other order/s that would be found just and

proper be also given.”

In the said suit, the Petitioner also filed IA No.1 of 2019 under

Order XXXIX Rules 1 and 2 CPC and learned trial Court, vide

order dated 11^th August, 2022 (Annexure-4), directed the parties

to maintain status quo over the suit property by making the ex-

parte ad-interim order of status quo dated 21^st November, 2019

in the said IA absolute. At this juncture, mother of the Defendant

in CS No.1964 of 2019 filed CS No.550 of 2022 with the

following prayers.

“a)

To pass a decree for Eviction from the suit

premises with the rooms standing over it within the time

as may be fixed by the Hon’ble Court failing which the

Defendant No.1 may be evicted from the suit premises

through process of court;

b)

To decree Arrear House Rent, Damages and

Compensation as well as cost of the Suti in favour of the

Plaintiff;

c)

To grant any other relief/reliefs as this Hon’ble

Court deems fit and proper in favour of the Plaintiff.”

4.

It is submitted by Mr. Bhuyan, learned counsel for the

Petitioner that if CS No.550 of 2022 is decided ahead of CS

No.1964 of 2019 filed by the Petitioner, the Petitioner will be

highly prejudiced and the decree in CS No.550 of 2022 may

Digitally Signed

Signed by: SASANKA SEKHAR SATAPATHY

Reason: Authentication

Location: HIGH COURT OF ORISSA CUTTACK

Date: 07-Dec-2023 19:25:13

Signature Not Verified

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operate as a res judicata in CS No.1964 of 2019. It is submitted

that the suit property in both the suits are same. Some of the

parties are also same in both the suits. Defendant Nos. 1 and 2 in

the present suit are Plaintiff and Defendant respectively in CS

No.1964 of 2019. In CS No.1964 of 2019, the Petitioner has

prayed for permanent prohibitory injunction to restrain the

Defendant No.2 in the present suit from evicting the Petitioner

from the suit house forcibly. In the present suit, mother of

Defendant No.2 has prayed for eviction of the Petitioner

(Defendant No.1 herein) and for realization of