Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.614 of 2026 Bijaya Kumar Panda ..... Petitioner Represented by Adv. - Gopal Charan Mohanty -versus- State of Odisha & Anr. ..... Opposite Parties Represented by Adv. - Mr. S.K.Parhi, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 21.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for the Petitioner. 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 in C.S. No.1822 of 2023 pending in the Court of learned 2nd Additional Civil Judge, Senior Division, Bhubaneswar has approached this Court thereby challenging order dated 16.03.2026 passed in I.A. No.02 of 2023 which was filed under Order 39 Rule 1 & 2 read with Section 151 of the CPC. The application of the plaintiff for injunctive relief under Order 39 has been dismissed by virtue of the impugned order dated 16.03.2025 as is evident from the Page 2 of 2. impugned order at Annexure-4. 4. On perusal of the record, it appears that the impugned order is an appealable order under Order 43 Rule (1) (r). In such view of the matter, the present application is being disposed of by granting liberty to the Petitioner to approach the Appellate Court by filing a properly constituted appeal. Further, liberty is granted to the Petitioner to move an interim application before the Appellate Court. In such eventuality, the learned Appellate Court shall consider the same as expeditiously as possible keeping in view the urgency involved in the matter. He further directed that the certified copy of the documents including the impugned order be returned to the Petitioner immediately. 5. With the aforesaid observations and directions, the CMP application stands disposed of. (Aditya Kumar Mohapatra) Judge Rubi