IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1453 of 2026 CNR No. ODHC010635112026 Arabinda Satapathy ..…... Petitioner (s) Mr. Bishal Baivab, Adv. -Versus- Renubala Satapathy & Anr. .. .…. Opposite Party (s) Mr. Amit Prasad Bose, Adv. Ms. Debadeepta Sahoo, Adv. CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 08.09.2026 Order No. 04. 1. This matter is taken up through hybrid arrangement. 2. In the present CMP, the Petitioner has challenged the order dated 28.07.2026 passed by the learned Civil Judge (Sr. Division), Bhubaneswar in I.A. No.01 of 2025, arising out of C.S. No.326 of 2025. 3. Heard learned counsel for the parties. 4. Learned counsel for the Petitioner submits that the Petitioner has instituted C.S. No.326 of 2026 before the learned Senior Civil Judge, Bhubaneswar, seeking partition and allotment of his one- fourth share in the suit schedule property. He further submits Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 09-Sep-2026 18:50:20 Signature Not Verified that during the pendency of the suit, the Petitioner filed an application under Order 39 Rules 1 and 2 read with Section 151 of the C.P.C., seeking an ad-interim injunction restraining the Opposite Parties from interfering with the suit property. 5. Learned counsel for the Petitioner further submits that the Petitioner had filed an application under Order 39 Rule 3 of the C.P.C., seeking ex parte hearing of the matter on the ground of urgency. However, the learned Civil Judge rejected the said application, having found no urgency warranting ex parte hearing of the matter. 6. Considering the submissions made by the parties and upon perusal of the impugned order, this Court does not find any infirmity in the order dated 28.07.2026 passed by the learned Civil Judge (Sr. Division), Bhubaneswar in I.A. No.01 of 2025. Accordingly, this Court is not inclined to entertain the present CMP. However, since the application under Order 39 Rules 1 and 2 read with Section 151 of the C.P.C. is stated to be pending consideration before the learned Civil Judge (Sr. Division), Bhubaneswar, the Petitioner is at liberty to pursue the said application. The learned Civil Judge (Sr. Division), Bhubaneswar is directed to dispose of the said application within a period of fifteen days from the date of receipt of the certified copy of this order. Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 09-Sep-2026 18:50:20 Signature Not Verified 7. Accordingly, the CMP is disposed of. 1. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: Personal Assistant