GYANAJEET MOHARANA Vs. BINODINI PATTANAIK

JUDGEMENT

(1.) THIS writ appeal has been filed against the judgment and order dated 28.8.2008 passed by the learned Single Judge by which the writ petition has been allowed to the extent that the Court has set aside the order dated 18.8.2008 passed by the learned Civil Judge (Senior Division), Bhubaneswar rejecting the application filed by the plaintiff -respondent under Section 80(2) of the Code of Civil Procedure, 1908 (hereinafter called 'CPC'). Learned Single Judge while setting aside the order of the learned Civil Judge (Senior Division), Bhubaneswar has remanded the case to the said Court for deciding the matter afresh. However, the writ Court has directed that in the interest of justice the plaintiff -respondent shall not be dispossessed from the disputed property till the application is decided afresh by the Court below.

(2.) THE instant appeal has been filed challenging only that direction on the ground that as the suit cannot be treated as having been instituted, unless the application for grant of leave is allowed. There is no suit pending, hence, question of grant of interim relief could not arise.

(3.) THE Hon'ble Supreme Court in M/s. Bajaj Hindustan Sugar and Industries Ltd., v. Balrampur Chini Mills Ltd. and Ors., AIR 2007 SC 1906 considered the issue and held as under :