NARAYAN CHANDRA SAHU Vs. MANORANJAN SAMANTA

JUDGEMENT

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

(2.) Petitioners in this CMP seek to assail the order dtd. 29/9/2023 passed by learned Civil Judge (Junior Division), Basudevpur in Misc. Case No.141 of 2022 arising out of CS No.166 of 2017, whereby instead of adjudicating the petition under Sec. 151 CPC seeking Police help to implement the order dtd. 7/9/2019 passed in Misc. Case No.199 of 2017, learned trial Court adjourned the matter to be heard on the date fixed.

(3.) Mr. Satapathy, learned counsel for the Petitioner submits that CS No.166 of 2017 has been filed by the Plaintiffs/Petitioners for demarcation and for permanent injunction. In the said suit, Misc. Case No.199 of 2017 was filed under Order XXXIX Rules 1 and 2 CPC and upon hearing learned counsel for the parties, learned trial Court directed to maintain status quo over the property. During subsistence of the said order, Defendants/Opposite Parties demolished the thatched house of the Petitioners and started construction of a house thereon. Since the Opposite Parties are rapidly proceeding with the construction, Misc. Case No.141 of 2022 was filed under Sec. 151 CPC for implantation of the interim order of status quo. Although the matter is pending since 2022, learned trial Court, instead of disposing the same is adjourning the matter liberally. The matter was posted to 29/9/2023 on which date the case was again adjourned to be taken up on 18/10/2023, i.e., on the date fixed.