SANKARSAN DAS Vs. PARAMANANDA BARIK

JUDGEMENT

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

(2.) Learned counsel for the petitioner submitted that during pendency of Civil Suit bearing C.S. No.344 of 2022 before the learned Civil Judge (Senior Division), Jajpur Road, an I.A. No.71 of 2024 was moved under Order 39, Rule-1 and 2 of the Code of Civil Procedure, where the learned Court granted order of status-quo with respect to the property involved in the suit. Against the said order of status-quo, an appeal being F.A.O. No.12 of 2024, was filed before the learned Additional District Judge, Jajpur Road. The Additional District Judge, Jajpur Road while taking up the said I.A., without calling for records from the trial Court, allowed the I.A. and thereby allowed the opposite parties-defendant to construct the First Floor over the Hal Plots No.1212 with area of Ac 0.02 decimals and Hal Plot No.1211, Ac 0.01 decimal.

(3.) Issue notice to the opposite parties by Registered post/Speed post with A.D., requisites for which shall be filed within three working days. Notice be issued fixing a short returnable date.