Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.2093 of 2025 Rusabha Meher ..... Petitioner Represented by Adv. – U.C. Mishra -versus- State of Odisha and others ..... Opposite Parties Represented by Adv. – Smt. S. Nayak, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 20.01.2026 Order No. I.A. No.2142 of 2025 02. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the CMP application as well as the documents annexed thereto. 3. By filing the present CMP application under Article 227 of the Constitution of India, the Petitioner seeks to challenge order dated 01.12.2025 passed by the learned District Judge, Kalahandi in RFA No.54 of 2025 thereby rejecting the interim application filed by the Appellant-Petitioner in the pending appeal. 4. Learned counsel for the Petitioner, at the outset, contended that along with the appeal the Petitioner filed an application with a prayer for stay operation of judgment and decree of the learned trial court. However, such application has been rejected vide order dated 01.12.2025. He further submitted that the Appellant-Petitioner is likely to file an application under Order 39 Rule 1 and 2 of CPC Page 2 of 2. seeking injunctive relief. 5. On a careful consideration of order dated 01.12.2025, this Court is not inclined to interfere with the impugned order. However, taking into consideration the submission that the Petitioner is duly filed an application under Order 39 Rule 1 and 2 for protection of his property, this Court disposes of the present CMP application with the observation that in the event, the Appellant-Petitioner files an application under Order 39 Rule 1 and 2 of CPC before the learned Appellant Court within a week from today, shall consider and dispose of such application within six weeks thereafter after providing opportunity of hearing to all concerned. In the event any such application is filed, the learned lower Appellate Court shall first consider the ad-interim injunction order immediately taking into consideration the urgency involved in the matter. 6. With the aforesaid observation and direction, the application stands disposed of. ( Aditya Kumar Mohapatra ) Judge Sisir Designation: Personal Assistant