SADHU CHARAN BEHERA Vs. PARBATI BEHERA

JUDGEMENT

(1.) HEARD .

(2.) THIS Civil Revision is directed against the order dated 5th January, 2002, passed by the Ad hoc Addl. District Judge, Fast Track Court No. III, Cuttack.

(3.) BECAUSE of the aforesaid act of the opp. party in making some construction, petitioners applied for injunction before the Civil Judge where their application under Section 151, C.P.C. is pending to restore the application under Order 9. Rule 13, C.P.C. Learned Civil Judge after hearing both the parties and considering the merit of their case in the suit, passed an order for maintaining the status quo by both the parties with respect to the suit land. As against that, the opp. party preferred Misc. Appeal under Order 43, Rule 1 C.P.C, and vide the impugned judgment in Misc. Appeal No. 11 of 2000 learned Addl. District Judge has passed order vacating the order of status quo inter alia on the ground that when the decree passed for permanent injunction is subsisting and operating against the petitioners, the trial Court had no jurisdiction to supersede the same. Appellate Court also took into consideration other contention of the parties and erroneous approach thereof by learned Civil Judge.