Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.191 of 2026 Bijay Mohapatra & Ors. ..... Petitioners Represented by Adv. - Ashok Kumar Sahoo -versus- Bijay Samantaray & Ors. ..... Opposite Parties Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 02.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners. Perused the CMP application as well as the prayer made therein. 3. By filing the present application under Article 227 of the Constitution of India, the Plaintiff-Petitioners have approached this Court challenging the order dated 24.12.2025 at Annexure-6, passed by the learned Civil Judge, Junior Division, Kendrapara in I.A. No.545 of 2025 which arises out of Civil Suit No.929 of 2025, wherein the application of the Plaintiffs under Order 39 Rule 3 with a prayer for ex-parte consideration of grant of interim injunctive relief has been rejected. 4. Learned counsel for the Petitioners at the outset contended that there is real urgency involved in the matter as the Defendants are disposing of the suit scheduled properties. He further submitted that unless some interim order is passed then there is every likelihood that Page 2 of 2. the third-party interest be created in the meantime which would eventually cause difficulty at a later stage of suit and there is also a likelihood of multiple stay of litigation. 5. On perusal of the record as well as the impugned order dated 24.12.2025, it appears that the learned trial court was not convinced with regard to the urgency involved in the I.A. application. Since no notices have been issued to the Defendant and in the meantime the substantial period has expired, this Court is of the view that the I.A. application must be ready for final hearing. In view of the aforesaid position, this Court deems it proper to dispose of the present application by directing the learned trial court to expedite the hearing of the I.A. application and to make every endeavour to dispose of the same as expeditiously as possible after notices are made sufficient on all the parties. Further, while disposing of the application, this Court directs the parties not to create any third-party interest in the interregnum till consideration of the application filed by the Plaintiff under Order 39 Rule 1 & 2 CPC. 6. With the aforesaid observations and directions, the CMP application stands disposed of. ( A.K. Mohapatra) Judge Rubi