Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.311 of 2026 Bidyadhar Das ..... Petitioner Represented by Adv. - Subhransu Bhusan Mohanty -versus- 1) State Of Odisha ..... Opposite Parties 2) Tahasildar, Aul Represented by Adv. - Mr. S.Behera, A.G.A. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 17.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Plaintiff-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-Petitioner in Civil Suit No.177 of 2025 pending before the learned Civil Judge (Sr. Divn), Pattamundai has approached this Court with a prayer for early disposal of the I.A. No.123 of 2025 filed by the Plaintiff with a prayer for demarcation and temporary injunction. 4. Learned counsel for the Petitioner at the outset contended that although the suit was filed at the instance of the Plaintiff-Petitioner with a prayer for demarcation of the suit land and for permanent injunction along with an application for temporary injunction, however, in the meantime the Tahasildar, who happens to be a Defendant in the suit, has initiated the proceeding under OPID Act Page 2 of 2. and demolished a portion of the suit scheduled property. Learned counsel for the Petitioner further contended that apprehending danger to his property he had moved an application for temporary injunction. However, such application has not been taken up by the learned trial court. He further submitted that such delay in taking up the interim application of the Petitioner has caused serious prejudice to the Petitioner as the Tahasildar has demolished the part of his residential house. 5. Taking into consideration the aforesaid submission made by the learned counsel for the Petitioner, further considering the fact that I.A. No.123 of 2025 is still pending before the learned trial court, this Court deems it proper to dispose of the present application by directing the learned trial court to take up the I.A. application filed by the Petitioner as expeditiously as possible and pass necessary orders thereon after providing opportunity of hearing to both sides. It is open to the Petitioner to move an application for ad-interim injunction which shall be considered by the learned trial court forthwith, preferably within a period one week from the date the Petitioner appears before the learned trial court along with a copy of today’s order. 6. With the aforesaid observations and directions, the CMP application stands disposed of. 7. Issue urgent certified copy of this order as per Rules in course of the day. ( A.K. Mohapatra ) Judge Rubi