JAGANNATH MOHANTY Vs. SANKAR PATRA

JUDGEMENT

(1.) The Writ Petition involves a challenge to the order at Annexure-1.

(2.) There is no appearance on behalf of the O.Ps. in spite of valid notice.

(3.) Background involving the case is during pendency of Title Suit No.175/93 allowing Misc. Case No.329/93, an application under Order 39 Rule 1 of C.P.C., the Civil Court by order dtd. 15/4/94 directed both the Parties to maintain status quo so far as it relates to the suit land involved therein till disposal of the suit. It is for violation of this order by the contesting O.Ps., the present Petitioners filed Misc. Case No.166/2002 under the provision of Order 39 Rule1 and 2(A) of C.P.C. for awarding suitable punishment against the O.Ps. therein for their deliberate violation of the status quo order passed in disposal of Misc. Case No.329/93. As appears, in the first round of litigation on an order being passed claiming to be ex parte against the O.Ps., proceeding, vide Misc. Appeal No.42/2004 was undertaken. This Appeal appears to have been disposed of by the Ad hoc Additional District Judge, Jajpur, vide judgment dtd. 10/11/2006 setting aside the order passed by the trial court and remitting the matter to the trial court for re-considering the Application under Order 39 Rule 2(A) of C.P.C. Being aggrieved, W.P.(C) No.3110 of 2007 was brought before this Court. This Court by order dtd. 3/4/2007 directed the trial court for re-hearing of the Application under Order 39 Rule 2(A) of C.P.C. On the fresh disposal of this case, there appears, there is allowing of the Application involved and thereby sentencing the O.Ps. to such Application, the present O.Ps. to undergo civil imprisonment for one month at the cost of the Petitioners. This order being challenged in an Appeal registered as FAO No.128/2007, vide Annexure-1. The Appellate Authority, vide Annexure-1 coming to observe there involved ex parte disposal and allowing the Appeal remitted the matter for fresh hearing however with imposition of cost of Rs.500.00 for fresh hearing of the Order 39 Rule 2(A) Application.