The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Jun-2025 19:47:52 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO.800 OF 2025 SK. Golam Mohiuddin …. Petitioner Mr. Soumya Mishra, Advocate -versus- Mehelaka Khatoon @ Mahelak …. Opp. Party CORAM:
Decision
JUSTICE K.R. MOHAPATRA ORDER 20.06.2025 Order No. 01. 1. This matter is taken up through hybrid mode. 2. Order dated 8th April, 2025 (Annexure-4) passed by learned Civil Judge, (Senior Division), Bhadrak in CMA No.53 of 2025 (arising out of IA No.202 of 2025 and CS No.410 of 2023) is under challenge in this CMP, whereby an application filed by the Plaintiff-Petitioner under Section 151 CPC for police assistance to implement order of status-quo, has been rejected. 3. Mr. Mishra, learned counsel for the Petitioner submits that the suit is filed for partition and preemption. The Opposite Party was impleaded as a party to the suit being a lis pendens purchaser. Since she went on making construction over the suit land inspite of the ad interim order of status-quo passed in IA No.202 of 2023, the Plaintiff-Petitioner filed an application under Section 151 CPC to direct the IIC, Dhamnagar Police Station to implement the order of status-quo dated 14th February, 2025. Learned trial Court on a mis- conception that IA No.202 of 2023 is still pending for adjudication, rejected the petition under Section 151 CPC. Hence, this CMP has Page 1 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Jun-2025 19:47:52 been filed. Mr. Mishra, learned counsel for the Petitioner, in support of his submission, placed on record the case of Gokula Naik vrs. Pitambar Naik and others, reported in (2022) 2 OLR 956. He drew attention to para 8.4 of the said decision, which reads as under: “8.4. Further, the Court has to see that parties to the proceeding should respect the order of the Court. In the instant case, parties are directed to maintain status quo over the suit property. Hence, the Court has to see that the order of status quo passed by it is respected by the parties. A relief under Order XXXIX Rule 2-A C.P.C. may not be sufficient in all cases to mitigate the loss suffered by a party due to violation of order of Injunction. Thus, the Court has a duty to evaluate the grievance of the Petitioner vis-a-vis the loss likely to be suffered, if timely intervention is not made to see that the order of status quo is implemented. On perusal of the impugned order under Annexure-4. It appears that this material aspect was not taken into consideration by learned trial Court while adjudicating the petition under Section 151 C.P.C. in C.M.A. No. 112 of 2021.” 4. Mr. Mishra, learned counsel for the Petitioner, therefore, submits that pendency of IA No.202 of 2023 cannot be a bar to consider the application under Section 151 CPC filed for police help to implement the interim order of status-quo. This aspect was lost sight of by learned trial Court while adjudicating the petition. Hence, he prays for setting aside the impugned order under Annexure-4 and to remit the matter to learned Civil Judge, (Senior Division), Bhadrak for fresh adjudication of CMA No.53 of 2025 filed under Section 151 CPC giving opportunity of hearing to the parties concerned. 5. Considering the submission made by learned counsel for the Petitioner and on perusal of record, this Court finds that during pendency of the suit, when the newly added Defendant, namely the Opposite Party contemplated to make construction over the suit Page 2 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Jun-2025 19:47:52 property, IA No.202 of 2023 was filed under Order XXXIX Rules 1 and 2 CPC. Having heard learned counsel for the parties, learned trial Court passed the order of status-quo on 14th February, 2025, which appears to be continuing till date. Since the Opposite Party is allegedly making construction violating the order of status-quo, petitions under Order XXXIX Rule 2-A CPC and Section 151 CPC are filed. If the Petitioner is allowed to make construction over the suit property, the Plaintiff will suffer a lot in addition to violation of interim order of status-quo. Relief to be granted under Order XXXIX Rule 2-A CPC may not be sufficient to restore the position prevailing at the time of passing the order of status-quo. Thus, it was expedient to restrain the Opposite Party to make further construction by implementing the order of status-quo with police help. This Court in the case of Gokula Naik (supra) has categorically held that the Court has the duty to evaluate the grievance of the Petitioner vis-(cid:224)-vis the loss likely to be suffer, if timely intervention is not made to see that the order of status-quo is implemented. The Court has an onerous duty to see that the order of status-quo is respected by both the parties upon whom it is binding. These aspects were not taken into consideration by learned trial Court while adjudicating the petition under Section 151 CPC. 6. In that view of the matter, this Court sets aside the order dated 8th April, 2025 (Annexure-4) passed by learned Civil Judge, (Senior Division), Bhadrak in CMA No.53 of 2025 and remits the matter to learned trial Court to adjudicate the said CMA afresh giving opportunity of hearing to the parties concerned. Page 3 of 4 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Jun-2025 19:47:52 7. 8. The CMP is disposed of accordingly. Since the CMP is disposed of without issuing notice to the Opposite Party, she is at liberty to move this Court for variation of this order, if she feels aggrieved. Urgent certified copy of this order be granted on proper application. Rojalin (K.R. Mohapatra) Judge Page 4 of 4