BISHNU CHARAN MOHANTY Vs. MANJU @ MANJUSA MOHANTY
HIGH COURT OF ORISSA
BISHNU CHARAN MOHANTY
Manju @ Manjusa Mohanty
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K.R. Mohapatra,J. -
(1.) Heard Mr. Ramakanta Mohanty, learned Senior Advocate being assisted by Mr. Imran Khan, learned counsel for the petitioners and Mr. Prafulla Kumar Rath, learned counsel for the decree holders-opposite party Nos.1 to 3.
(2.) This CMP has been filed assailing the order dated 01.03.2021 (Annexure-1) passed by learned Civil Judge (Senior Division), 2nd Court, Cuttack in Execution Case No.11 of 2016 (arising out of CS No.2 of 2007).
(3.) Short narration of facts necessary for proper adjudication of the CMP are as follows:-
3.1 Civil Suit No.2 of 2007 was filed with a prayer for declaration that the plaintiffs along with the defendants have community interest and unity of possession over the suit land as well as for permanent and mandatory injunction. The suit was decreed in part vide judgment dated 22nd December, 2012 directing as under:-
"The suit be and the same is decreed in-part on contest against the defendants No.1 to 8 but with no cost. It is hereby declared that, the plaintiffs and defendants No.1 to 6 have community of interest and unity of possession over the suit land. The defendants No.1 and 2, their servants and agents are permanently restrained from raising any kind of construction and blocking the common passage. The defendants No.1 and 2 are directed to remove the construction made over the suit land within a period of two months failing which the same will be done by the Court and the cost will be realised from them. Further the defendants No.1 and 2 are directed to allow the plaintiffs to use the suit land as passage for approaching the main road."
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