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Judgment
K.R. Mohapatra, J
This matter is taken up through hybrid mode.
Mr. Ajit Khatua, ASO, attached to the VC Cabin, Jagathsinghpur, identified the Petitioner, who is appearing in person.
Order dated 13th March, 2024 passed by learned Civil Judge, (Junior Division), Jagatsinghpur in Civil Suit No.138 of 2011 is under challenge in this CMP, whereby an application filed by the Defendant No.2-Petitioner under Order VIII Rule 6-E CPC, has been rejected.
The Petitioner, appearing in person submits that on receipt of the summons in the plaint, Defendant No.2-Petitioner filed his written statement along with counter claim. The Plaintiff did not file the written statement to the counter claim inspite of several adjournments. In the counter claim, the Defendant No.2-Petitioner has prayed for declaration of right, title and interest over the suit land and for permanent injunction. A temporary order of status quo is continuing against the Petitioner. As the Plaintiff did not file the written statement for a long time, the Petitioner filed an application under Order VIII Rule 6-E CPC to vacate the temporary order of status quo and to pass the decree declaring his right, title and interest over the suit land and for permanent injunction. The said application was rejected vie order dated 13th March, 2024 (Annexure-2). Assailing the same, this CMP has been filed.
It is further submitted by the Petitioner that the matter has already travelled to this Court on two previous occasions. Inspite of the same, the Plaintiff is not cooperating with the Court for early disposal of the suit, for which the Defendant No.2-Petitioner is seriously prejudiced. Learned trial Court, while adjudicating the matter, did not look into these material aspects.
5.1 It is further submitted by the Petitioner that he is unaware of the order dated 21st August, 2023, by which the written statement to the counter claim filed by the Plaintiff was accepted. He, therefore, prays for setting aside the order dated 13th March, 2024.
Taking into consideration the submission made by the Petitioner and on perusal of the record, it appears that although the Plaintiff did not file the written statement to the counter claim for a long time, but, in the meanwhile, the Plaintiff has already filed the written statement to the counter claim and it was accepted vide order dated 21st August, 2023. The Petitioner submits that he has not challenged the order dated 21st August, 2023.
In view of the above, the provision under Order VIII Rule 6-E CPC is not applicable to the instant case, as the written statement filed by the Plaintiff to the counter claim has already been accepted. Thus, learned trial Court has committed no error in rejecting the petition.
Accordingly, this CMP, being devoid of any merit, stands dismissed.
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