SWARNA PRAVA PARIDA Vs. KRUSHNA MULIA & OTHERS
HIGH COURT OF ORISSA
Swarna Prava Parida
Krushna Mulia And Others
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D.P. Mohapatra, J. -
(1.) Defendant No. 7 in the suit has filed this application under section 115, Civil Procedure Code, assailing orders of the courts below injuncting her along with some other defendants from coming upon the suit land from changing its nature and character till disposal of the suit.
(2.) Opposite party No. 1 filed Title Suit No. 118 of 1986 in the court of the Munsif, first Court, Cuttack impleading the petitioner and apposite parties 2 to 10 as defendants therein. In the suit he prayed for permanent injunction retraining defendants 1 to 6 from alienating the suit tank or any portion of it to defendants 7 to 10 or to anybody else and from changing the nature and character of the suit tank and further for restraining defendants 7 to 10 from possessing any portion of the suit tank or from changing its nature and character in any manner. It was the case of the plaintiff that the suit tank was a part of the joint family homestead of the plaintiff and defendants 1 to 6, all of them being heirs of Chands Bawa, the original recorded owner of the property. It was alleged that the said joint family property has not been partitioned. Defendants 1 to 6 entered into an agreement with defendants 7 to 10 fer sale of petitions of the aforesaid joint family home steed property. The plaintiff being apprehensive that the property may pass to the hands of strangers filed the suit for the reliefs noticed earlier.
(3.) During pendency of the suit the plaintiff filed on application under Order 39, Rules 1 and 2. C P.C. for temporary injunction in terms similar to the prayer for permanent injunction in the plaint.;
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