SMT. BASANTA MANJARI SAMAL Vs. RUPAKANTA SAHU

JUDGEMENT

(1.) The seminal question that inter alia hinges for consideration of this Court is as to whether the learned trial court can entertain an interim application and decide the same when further proceeding of the suit has been stayed by this Court ?

(2.) The petitioner as plaintiff instituted C.S. No.40/11 in the court of the learned Civil Judge (Sr. Divn.), Malkangiri for declaration of right, title and interest and other ancillary reliefs impleading the opposite parties as defendants. Since the written statement filed by the defendants was not accepted, they filed C.M.P. No.1049 of 2016 before this Court. This Court as an interim measure directed to stay further proceeding of the suit. While the matter stood thus, the petitioner filed an application under Order 39, Rule 1 C.P.C. for temporary injunction. Learned trial court came to hold that the further proceeding of the suit has been stayed by this Court on 21.7.2016 in Misc. Case No.1062 of 2016 arising out of C.M.P. No.1049 of 2016. Since the original suit has been stayed, jurisdiction of this Court ceases to entertain the application.

(3.) Heard Mr. G.N. Mishra, learned counsel for the petitioner and Mr. P.K. Rath, learned counsel for the opposite parties.