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1958 Supreme(Ori) 12

S.BARMAN
ARJUN JENA – Appellant
Versus
BRAHMANANDA PANI – Respondent


Advocates Appeared:
G.G.DAS, H.MOHAPATRA, R.S.SAHU

S. BARMAN, J.

( 1 ) THIS is an application under Section 115 of the Civil Procedure Code for revision directed against an order of the Additional District Judge, Cuttack, setting aside the order of the learned Munsif, 2nd Court, Cuttack, directing the proparties of the defendants up to the value of Rs. 500/- to be kept under attachment until further orders.

( 2 ) THE facts shortly stated are as follows: The petitioners in the present application as plaintiffs Drought a suit against the opposite parties being T. S. No. 275 of 1953 in the Court of the Munsif, 2nd Court, Cuttack for declaration of their title and confirmation of possession and also for permanent injunction against the defendants-opposite parties restraining them from interfering with the possession of the petitioners. On 5-11-1953, on the application of the plaintiffs-petitioners the trial Court passed an interim order of injunction against the opposite parties restraining them from harvesting the paddy crops standing on the disputed land and from felling and cutting mango trees and bamboo clumps and from doing any other act of misfeasance on the disputed land and called upon them to show cause why the order should





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