Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.562 of 2026 Akshaya Das ..... Petitioner
Represented by Adv. - Bibhuti Bhusan Mishra(2), S. Acharya -versus- Laxmipriya Das and another ..... Opposite Parties
Represented by Adv. -
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 15.04.2026
Order No.
01.
1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner. Perused the CMP application as well as the prayer made therein.
3. The defendant in C.S. No.345 of 2026, who is also the Opposite Party in I.A. No.1 of 2026, has approached this Court challenging order dated 06.03.2026 passed by the learned Civil Judge (S.D.), Bhubaneswar on an application of the plaintiff- Opposite Party filed under Order-39 Rule-3 of CPC. By virtue of the
order dated 06.03.2026 the learned trial Court passed an ex-parte ad interim order of status-quo.
4.
Learned counsel for the defendant-Petitioner at the outset contended that the defendants are seriously prejudiced by the ex- parte interim order. Learned counsel for the Petitioner, in the course of his argument, submitted that the plaintiff along with an
Page 2 of 2. application under Order-39 Rule-1 & 2 of CPC also filed an application under Order-39 Rule-3 of CPC. It was contended that the learned trial Court has committed an illegality by passing an ad interim ex-parte status-quo order without hearing the defendant. He further contended that although the defendants have appeared, the application under Order-39 Rule-1 & 2 of CPC is not being taken up, which has caused serious prejudice to the Petitioner.
5. Taking into consideration the fact that the parties have already appeared and that the application under Order-39 Rule-1 & 2 of CPC is ready for hearing, this Court disposes of the present CMP application by directing the learned Civil Judge (S.D.), Bhubaneswar to make every endeavor to dispose of the I.A. application bearing I.A. No.1 of 2026 which has been filed under Order-39 Rule-1 & 2 of CPC by the plaintiff-Opposite Parties as expeditiously as possible, preferably within a period of eight weeks from the date of communication of a copy of today’s order. The parties are directed to cooperate with the learned trial Court for early disposal of the matter and they shall not seek any unnecessary adjournments.
6. With the aforesaid observation/direction, the CMP application stands disposed of.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout