Judgement

JUDGEMENT :- Defendants Nos. 1, 15 and 16 are the appellants here against an order under O.39, R.1. C.P.C. Respondent No. 4 filed a suit for declaration of title, confirmation of possession, in the alternative for recovery of possession and also alternatively for partition and allotment of A schedule property. Defendants 1 to 3 are the sons of one Mansaram, since deceased. Plaintiff claims as the widow of said Mansaram and her claim is based on a deed of gift and a will executed by Mansaram in her favour. After filing of the suit, plaintiff prayed for injunction restraining defendant No. 3 from collecting rent from the persons who have stacked logs of wood at Mangalabag, Cuttack. It is stated that all the defendants except defendant No. 3 have stacked wood on the land at Mangalaba which is a part of the suit property and defendant No. 3 has been collecting rent from them. She prayed that defendant No. 3 should be restrained from collecting rent from those persons. The trial Court passed order under O.39, R.1, C.P.C. restraining defendant No. 3 from collecting any rent from other defendants. Thereafter, another petition was filed by the plaintiff in Court for directing thos