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1979 Supreme(Ori) 18

S.ACHARYA
ADHIKARI GOPINATH DAS – Appellant
Versus
NIRMAL CHANDRA MOHANTY – Respondent


Advocates Appeared:
K.C.J.Ray, P.K.Misra

S. ACHARYA, J.

( 1 ) THIS revision arises out of the order dated 5-12-1977 of the Munsif, Puri in original Suit No. 179 of 1976-1. By the impugned order the court below has decided that the suit has abated under the Orissa Consolidation of Holdings and prevention of Fragmentation of Land Act, 1972 (Orissa Act 21 of 1972) (hereinafter referred to as the 'act'), as the area comprising the suit lands has come under the Consolidation Proceedings.

( 2 ) THE reliefs prayed for in this suit are; (i) realisation of damages caused to the plaintiff due to the unlawful trespass and illegal acts of the defendants on the suit land; (ii) restraining the defendants by a permanent injunction not to commit any further act of damages or to interfere with the possession of the plaintiff over the suit lands; and (iii) for other consequential reliefs.

( 3 ) THE learned counsel appearing for the petitioner contends that the prayer for permanent injunction or the interlocutory injunction which has already been granted in the suit, and the prayer for recovery of damages for the illegal acts of the defendants on the suit lands are not matters within the purview of the powers of the Consolidation Officer











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