A.S.NAIDU
BAISHNAB PRADHAN – Appellant
Versus
GURU CHARAN PRADHAN – Respondent
A. S. NAIDU, J.
( 1 ) "does law permit a person to retain a thing done contrary to an order of restraint passed by a Court?"is the question which is posed in this Civil Review.
( 2 ) THE undisputed facts are that the opposite party as plaintiff filed Title Suit No. 73 of 1985 in the Court of the then Civil judge, redesignated as the Civil Judge (Senior Division), Jajpur praying for partition of the suit property and for other ancillary reliefs. Along with the plaint, a petition under order 39, Rules I and 2 of the Code of Civil procedure was also filed praying to restrain the defendants and others from constructing any new house over the suit properties appertaining to Khata No. 327, plot No. 1748 and plot No. 1878 in Mouza Nahana, P. S. Binjharpur, District-Cuttack. The said petition was registered as Misc. Case No. 74 of 1985. The learned trial Court by order dated 16th May, 1985 passed an order of ad interim injunction restraining the defendants from making any construction over the suit land or putting up any new fence removing the existing fence or trees standing over the suit land. The said order of ad interim injunction was made absolute by order dated 20th December, 1986.
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