ORDER 23.03.2012 -I have heard Mr. S.K. Dash, learned counsel appearing for the petitioner Perused the writ petition as well as the certified copy of the impugned order in F.A.O. No.15 of 2012 dated 14.02.2012 passed by the learned District Judge, Balasore. The learned counsel appearing for the petitioner contended that the learned District Judge disposed of the appeal at the threshold which has caused serious prejudice to the petitioner as the Hon'ble Court in Misc. Case No.5025 of 2009 never directed for maintenance of status quo in respect of the suit land and that writ petition i.e. W.P.(C) No.6622 of 2009 was filed challenging order passed by the Tahasildar, Jaleswar in Mutation Case No.1239 of 2007 where a direction was given to the Record Keeper for correction of Record of Right. It was also contended that the petitioner Institution filed C.S. No.104 of 2011 in the Court of learned Civil Judge (Sr. Divn.), Jaleswar for injunction restraining the opposite parties from causing any obstruction to the petitioner in constructing boundary wall over the suit land and accordingly interim prayer for injunction was made which was registered as I.A. No.74 of 2011. But the learned Civil Judge (Sr. Divn.), Jaleswar rejected such prayer. Being aggrieved by the said order, the present petitioner filed an appeal before the learned District Judge, Balasore. But the learned District Judge observing also holding that the Hon'ble Court has directed maintenance of status quo in respect of suit land as was contended by learned counsel for the appellant dismissed the appeal holding that there appear no infirmity in the order of the learned Civil Judge (Sr. Divn.), Jaleswar. Learned counsel appearing for the appellant contended that the present petitioner approached this Court by filing a writ petition registered as W.P.(C) No.6622 of 2009 challenging the order of the Tahasildar, Jaleswar giving direction to correct the Record of Right and also vide Misc. Case No.5025 of 2009 prayer was made to stay the operation of the impugned order of the Tahasildar, Jaleswar, Annexure-6/a i.e. with regard to direction given for correction of Record of Right and in that context this Court directed for maintenance of status quo and that has got nothing to do with the dispute which gave rise to filing of C.S. No.104 of 2011 in which prayer for injunction has been made. After hearing the learned counsel for the petitioner, this writ petition is being disposed of without issuing notice to the opposite parties as no prejudice would to be caused to them especially when no opinion is being expressed touching upon the merits of the case. After perusing the materials on record and also perusing the record in W.P.(C) No.6622 of 2009 and the order passed in Misc. Case No.5025 of 2009, the impugned order passed by the learned District Judge, Balasore in FAO. No.15 of 2012 dated 14.2.2012 can not be sustained and accordingly the same is set aside. The learned District Judge, Balasore should have noticed the opposite parties and after hearing the parties and considering the materials on record should have disposed of the matter. Accordingly, while disposing of this writ petition, the learned District Judge, Balasore is directed to dispose of F.A.O. No.15 of 2012 on merit after affording opportunities of being heard to the parties. Urgent certified copy of the order be granted on proper application. Petition disposed of.