KIRAN KUMAR NAIK Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) Petitioner in this CMP seeks to assail the order dtd. 15/11/2023 passed by learned Senior Civil Judge, Pipili in IA No.89 of 2023 (arising out of CS No.157 of 2023), whereby hearing of petition to pass an order of status-quo till filing of the written objection by the Opposite Parties was deferred by allowing the Opposite Parties to file objection to the same.

(3.) It is submitted by Mr. Dash, learned counsel for the Petitioner that the Plaintiff, being the Petitioner, has filed the suit for partition, permanent injunction and other ancillary reliefs. Along with the plaint, the Plaintiff filed an application under Order XXXIX Rules 1 and 2 CPC. As Opposite Party No.2 is contemplating to raise construction over the suit property and create third party interest, the Petitioner had also filed an application under Order XXXIX Rule 3 CPC, which was rejected on 4/10/2023. Thereafter, notices were issued to the Opposite Parties. They entered appearance on 20/10/2023 and sought for adjournment to file objection to the Petition under Order XXXIX Rules 1 and 2 CPC. Accordingly, the matter was posted to 1/11/2023 for the aforesaid purpose. Though, it appears that no step was taken by the Opposite Parties on the said date, but the Court suo-motu adjourned the matter to 15/11/2023, in spite of prayer of the Petitioner for hearing of the petition under Order XXXIX Rules 1 and 2 CPC, as there was urgency.