SHAKUNTALA JENA Vs. SIKHYA O ANUSANDHAN PRIVATE LIMITED

JUDGEMENT

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

(2.) Order dtd. 13/10/2022 (Annexure-2 series) passed in IA No.1 of 2022 (arising out of CS No.2319 of 2022) is under challenge in this CMP, whereby learned Civil Judge (Senior Division), Bhubaneswar rejected an application filed under Order XXXIX Rule 3 CPC filed by the Petitioner.

(3.) It is submitted by Mr. Jena, learned counsel that the Petitioner has filed the suit for declaration of right, title, interest and permanent injunction. Along with the plaint, the Petitioner also filed an application under Order XXXIX Rules 1 and 2 CPC in IA No.1 of 2022. Since the opposite parties created disturbance and tried to evict the Petitioner from the suit land forcibly, she filed an application under Order XXXIX rule 3 CPC to dispense with service of notice on the Opposite Parties and to take up IA No.1 of 2022 to pass an ex-parte ad interim order of injunction. However, during pendency of the suit, the Opposite Party No.3 and his henchmen forcibly evicted the Petitioner from the suit land. It is his submission that possession of the Plaintiff/Petitioner has been declared in a proceeding under Sec. 145 Cr.P.C. Relying upon the decision in the case of Bhinka and others vs Charan Singh , reported in AIR 1959 SC 960, he submitted that life of the said order is co-terminus with the passing of the decree by the Civil Court. He refers to the case law, wherein and the judgment, wherein at para-16, wherein the Hon"ble Supreme Court held as under:-