MAHESH KUMAR AGARWAL Vs. SUMANLAL LODHI

JUDGEMENT

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

(2.) The Petitioner in this CMP seeks to assail the order dtd. 19/12/2023 (Annexure-9) passed in F.A.O. No.12 of 2023, whereby learned 1st Additional District Judge, Rourkela dismissed the appeal and thereby confirmed the order dtd. 10/7/2023 (Annexure-6) passed by learned Senior Civil Judge, Rourkela in I.A. No.2 of 2023 (arising out of C.S. No.21 of 2023) filed under Order XXXIX Rules 1 and 2 CPC.

(3.) In course of hearing, Mr. Panigrahi, learned counsel for the Petitioner submits that the suit property is a shop room and the Petitioner was running a mobile retail shop. As the shop room has been locked by the Opposite Party-land owner, he is not in a position to take out the articles kept therein. It is also submitted that after the land owner locked the shop room, the Petitioner has also put a lock and the keys are with the respective parties. He, therefore, submits that interest of justice will be best served, if the Petitioner is permitted to take out the articles kept in the shop room.