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2025 DAILYLAW 73148 (ORI)

BINODINI MAHAPATRA v. RADHASHYAMA MAHAPATRA

CMP/2050/2025 · 2025-12-23

B P Routray

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK C.M.P. No.2050 of 2025 Binodini Mahapatra …. Petitioner Mr. S. Mishra, Advocate -versus- Radhashyama Mahapatra and others …. Opposite Parties CORAM: JUSTICE B. P. ROUTRAY ORDER 23.12.2025 Order No. 01. 1. Heard Mr. S. Mishra, learned counsel for the Petitioner. 2. Present C.M.P. is directed against the order dated 03.11.2025 of the learned 1st Additional Senior Civil Judge, Bhubaneswar passed in I.A. No.01 of 2025 (arising out of C.S. No.2275 of 2025). 3. I.A. No.01 of 2025 has been filed praying for temporary injunction under Oder 39 Rule 1 & 2, C.P.C. and while issuing notice therein, the learned trial court rejected the prayer of the Petitioner under Rule 3 for ad-interim injunction. The Opposite Parties have already appeared in the I.A. on 22.10.2025. But on the said date, another petition was filed by the Plaintiff praying to maintain status quo over the suit property. The said prayer of the Plaintiff having been rejected, the I.A. was posted to 17.11.2025 for peremptory hearing. Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Dec-2025 17:45:01 Signature Not Verified p. 2 4. It is submitted on behalf of the Petitioner that, the I.A. has not been heard till date and the same is now posted to 22.01.2026. 5. Considering such limited aspect of challenge, the C.M.P. is disposed of at the stage of admission with a direction to the learned trial court to dispose of I.A. No.01 of 2025 (arising out of C.S. No.2275 of 20025) in accordance with law, within a period of one month from the date of receipt of certified copy of this order if no legal impediment is there. Till such a decision is taken by the trial court, no third-party interest shall be created in respect of the suit land. 6. An urgent certified copy of this order be granted on proper application. ( B.P. Routray) Judge B.K. Barik