BISWANATH KHATUA Vs. LORD LINGARAJ MAHAPRABHU BIJE

JUDGEMENT

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

(2.) Order dtd. 5/1/2024 (Annexure-1) passed by learned Civil Judge (Junior Division), Bhubaneswar in I.A. No.1 of 2023 (arising out of C.S. No.2467 of 2023) is under challenge in this CMP, whereby an application filed under Order XXXIX Rule 3 CPC, has been rejected.

(3.) Mr. Jena, learned counsel submits that the Petitioner has filed the suit for declaration of right, title and interest over the suit property as well as for permanent injunction. Since the Opposite Parties taking undue advantage of wrong entry in the R.O.R., created disturbance and threatened to demolish the residential house of the Petitioner, he filed an application in I.A. No.1 of 2023 under Order XXXIX Rules 1 and 2 CPC to restrain the Opposite Parties from interfering with the possession of the Plaintiff-Petitioner and from changing the nature and character of the suit property till disposal of the suit. As there was urgency in the matter, the Petitioner filed an application under Order XXXIX Rule 3 CPC to dispense with service of notice on the Opposite Parties and to take up the I.A. for an ex parte ad interim order of injunction. Learned trial Court although recorded the case of the Petitioner, did not allow the application under Order XXXIX Rule 3 CPC and direct issuance of notice to the Opposite Parties. In the meantime, the Opposite Parties have already demolished the boundary wall of the Petitioner and he is apprehending demolition of his house at any moment. Hence, being aggrieved by the impugned order under Annexure-1, this CMP has been filed. It also submitted that the Opposite Parties have already entered appearance. But, have not filed their objection.