Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.88 of 2026 1) Ankur Patra ..... Petitioners 2) Kali @ Kalandi Patra Represented by Adv. - Narayan Prasad Parija -versus- 1) Radhanath Mohanty ..... Opposite Parties 2) Jagannath Mohanty Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 03.02.2026 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 Petitioners have approached this Court challenging impugned order dated 01.12.2025 at Annexure-9 passed by the learned Civil Judge, Junior Division, Jajpur in I.A. No.9 of 2023 which arises out of T.S No.175 of 1993. 4. Learned counsel for the Petitioner at the outset contended that in the suit an interim order was passed by the learned trial court. Alleging violation of such interim order, the defendant filed an application under Order 39 Rule 2(A) of the CPC. In such application Order 39 Rule 2(A) of the CPC, the learned Page 2 of 3. trial court found the plaintiffs to be guilty of violation of injunction order. Being aggrieved by such order the Petitioners- Plaintiff have preferred a revision before the learned District Judge, Jajpur which has been registered as Civil Revision Petition No.3 of 2025. 5. Learned counsel for the Petitioners at this juncture contended that although he has preferred a revision against the order passed by the learned trial court on the application of the Defendants under Order 39 Rule 2(A) of the CPC dated 21.04.2025, the learned trial court is proceeding with execution of the order passed on an application of the Defendants under Order 39 Rule 2(A) of the CPC. He further submitted that the learned trial court has also directed for grant of police help for execution of the order. Being aggrieved by such order the Petitioners have approached this Court by filing the present CMP application. 6. On a careful consideration of the submission made by the learned counsel for the Petitioners, further taking into consideration the fact that the revision petition is pending before the learned District Judge, Jajpur as against order dated 21.04.2025, which is sought to be executed by the learned trial court, the Petitioners should have approached the learned revisional court instead of approaching this Court by filing the present CMP application. In view of the aforesaid position, the present CMP application is being disposed of by granting liberty to the Petitioners to approach the learned revisional court for Page 3 of 3. necessary relief within a period of ten days from today. In such eventuality, the learned revisional court shall consider such prayer of the Petitioners as expeditiously as possible preferably within a period of two weeks from the date the Petitioners approaches the learned revisional court. As an interim it is directed that no coercive action shall be taken against the Petitioners for a period of three weeks or till disposal of his prayer by the learned revisional court, whichever is earlier. 7. With the aforesaid observations and directions, the CMP application is disposed of. ( A.K. Mohapatra) Judge Rubi