BHIKARI MAJHI Vs. BAIDYANATH BATIK AND ANR.
HIGH COURT OF ORISSA
Baidyanath Batik And Anr.
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P.K.Mohanti, J. -
(1.) THIS civil revision is directed against an appellate order reversing an order of temporary mandatory in junction.
(2.) THE Petitioner as Plaintiff brought Title Suit No. 7 of 1978 against the opposite parties for declaration of title to and confirmation or in the alternative recovery of possession over the suit land and also for a permanent injunction restraining the opposite parties from interfering with the Plaintiff's possession, and also directing them to remove the earth put by them on the suit land thereby obstructing the flow of drain water from the plain tiff's house. The Petitioner's case is that he is the owner in possession of plot Nos. 2417 and 2418 with the residential house standing thereon. Plot No. 2415 belonging to the opposite parties lies to the contiguous north of plot No. 2417. There is a drain on the northern side of the Petitioner's house situated on plot Nos. 2417 and 2418 and the dram water passes on plot No. 2418. On 20 -12 -1977 the opposite parties obstructed the flow of drain water by putting earth on the drain,
(3.) ALONG with the plaint the Petitioner filed an application under Order 39, Rule 1. Code of Civil Procedure read with Section 151, Code of Civil Procedure for issue of a temporary mandatory injunction against the opposite parties directing them to remove the obstruction so as to make the drain fit for free flow of water.;
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