K.R. Mohapatra, J.-
1. This matter is taken up through hybrid mode.
2. The Petitioner in this CMP seeks to assail the order dated 19th December, 2023 (Annexure-9) passed in F.A.O. No.12 of 2023, whereby learned 1st Additional District Judge, Rourkela dismissed the appeal and thereby confirmed the order dated 10th July, 2023 (Annexure-6) passed by learned Senior Civil Judge, Rourkela in I.A. No.2 of 2023 (arising out of C.S. No.21 of 2023) filed under Order XXXIX Rules 1 and 2 CPC.
3. In course of hearing, Mr. Panigrahi, learned counsel for the Petitioner submits that the suit property is a shop room and the Petitioner was running a mobile retail shop. As the shop room has been locked by the Opposite Party-land owner, he is not in a position to take out the articles kept therein. It is also submitted that after the land owner locked the shop room, the Petitioner has also put a lock and the keys are with the respective parties. He, therefore, submits that interest of justice will be best served, if the Petitioner is permitted to take out the articles kept in the shop room.
4. Taking note of the submission made by learned counsel for the Petitioner, this Court vide order dated 19th March, 2024 directed Mr. Misra, learned Senior Advocate appearing for the Opposite Party to take instruction as to whether the Petitioner can take out the articles kept in the suit shop room under the supervision of a Commissioner to be appointed by the Court and hand over the key to the Opposite Party.
5. Mr. Misra, learned Senior Advocate, on instruction, submits that no article is kept in the shop room. However, the lock has been put by the Opposite Party and key is with him. An application of similar nature is pending before learned trial Court for adjudication. He, however, submits that interest of justice will be best served, if the petition so pending is decided by learned trial Court without being influenced by the observation made in the orders under Annexures-6 and 9.
6. Mr. Panigrahi, learned counsel for the Petitioner, however, submits that since this Court has taken a view that the Petitioner may take out his articles under the supervision of a Commissioner, necessary order may be passed.
7. Keeping in view the rival contentions of the parties, this Court disposes of the CMP with a direction that learned Senior Civil Judge, Rourkela shall do well to decide the petition filed by the Petitioner to take out the articles from the shop room as expeditiously as possible preferably within a period of two weeks from the date of production of certified copy of this order giving opportunity of hearing to the parties concerned. During adjudication of the petition, learned trial Court shall not be influenced by any observation made in the orders under Annexures-6 and 9.
Urgent certified copy of this order be granted on proper application.
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