BILASI MUKHI Vs. BRAHMANANDA SAHOO

JUDGEMENT

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

(2.) Petitioner in this CMP prays for a direction to restrain the Opposite Parties from making any construction and fencing the land in question under Annexures-1 to 3 till disposal of CS No.294 of 2024 pending in the Court of learned Civil Judge, Junior Division, Bhubaneswar.

(3.) Mr. Mohanty, learned counsel for the Petitioner submits that CS No.294 of 2024 has been filed for permanent injunction. Along with the plaint, the Plaintiff-Petitioner filed I.A. No.01 of 2024 under Order XXXIX Rules 1 and 2 CPC to restrain the Opposite Parties from entering upon the suit land and changing the nature and character of the suit land. As the Opposite Parties are proceeding with the construction, an application under Order XXXIX Rule 3 CPC was also filed with a prayer to dispense with service of notice on the Opposite Parties and to take up the IA for an ex parte ad interim order of injunction. The said application was rejected vide order dtd. 21/2/2024 (Annexure-5).