ELIZABETH BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) This CMP has been filed assailing the order dtd. 17/5/2022 passed by learned Civil Judge (Senior Division), Bhubaneswar in I.A. No. 01 of 2022 (arising out of C.S. No. 1223 of 2022), whereby he refused to grant ad-interim order of injunction by rejecting an application under Order XXXIX Rule 3 C.P.C.

(3.) Mr. Nayak, learned counsel for the Petitioner submits that along with the plaint in C.S. No. 1223 of 2022, the Plaintiff-Petitioner filed a petition under Order XXXIX Rules 1 and 2 read with Sec. 151 C.P.C. praying, inter alia, to restrain the Opposite Parties from making any construction over Schedule 'A' property and changing the nature and character of the same during pendency of the suit. As the Opposite Parties are contemplating to make construction over Schedule 'A' property, he also filed an application under Order XXXIX Rule 3 C.P.C. to take up the I.A. No.01 of 2022 by dispensing with service of notice on the Opposite Parties. Learned Civil Judge (Senior Division), Bhubaneswar without considering the materials on record and the purpose for which the petition under Order XXXIX Rule 3 C.P.C. was moved rejected the same without assigning any valid reason thereto. In that view of the matter, the impugned order is not sustainable. He, therefore, prays for setting aside the impugned order and for a direction to pass ad-interim order of injunction till the petition under Order XXXIX Rules 1 and 2 C.P.C. is taken up.