PRAFULLA KUMAR ROUT Vs. DUKHI PRASAD ROUT

JUDGEMENT

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

(2.) Order dtd. 29/2/2024 (Annexure-1) passed in CMA No.10 of 2022 is under challenge in this CMP, whereby learned Civil Judge (Senior Division), Banki entertaining an application under Sec. 151 CPC vacated the order of status quo dtd. 27/10/2021 (Annexure-3) passed by the said Court in IA No.01 of 2021 filed under Order XXXIX Rules 1 and 2 CPC.

(3.) Although the petition was filed under Sec. 151 CPC, but it was in the nature of an application under Order XXXIX Rule 4 CPC. Thus, the order impugned herein was effectively passed under Order XXXIX Rule 4 CPC, whereby learned trial Court vacating the order of status quo permitted the Opposite Party No.1 to cast the roof subject to the condition that he should abide by the written undertaking dtd. 23/11/2023 filed before the said Court. Thus, the order impugned herein is appealable under Order 43 Rule 1 (r) CPC.