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1976 Supreme(Ori) 40

P.K.MOHANTY
RAVAD RAIBARI – Appellant
Versus
PATARALA GOURI MAHALAXMI RAJMANI – Respondent


Advocates Appeared:
S.D.Das, S.MOHANTY, Y.S.R.MURTHY

P. K. MOHANTI, J.

( 1 ) THIS Civil Revision is directed against an appellate order of the learned district Judge of Berhampur confirming an order of temporary injunction.

( 2 ) THE opposite party filed Title Suit No. 80 of 1973 for a permanent injunction against the defendants-petitioners restraining them from going upon the suit lands. She claimed to have taken the suit lands on annual lease from the revenue Department and contended that she was threatened with dispossession by the defendants. The defendant's contention was that the suit lands were covered by the annual lease granted in their favour.

( 3 ) THE plaintiff filed a petition for temporary injunction which was opposed by the defendants. The learned Munsif on a consideration at the pleadings along with the documents filed by the parties came to the finding that the plaintiff had a prima facie case and that the balance of convenience was in her favour. Accordingly, he granted the temporary injunction sought for. On appeal the learned District Judge confirmed the order of injunction.

( 4 ) MR. S. Mohanty, the learned counsel appearing on behalf of the petitioners contended that the plaintiff has not made out a prima fa





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