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1984 Supreme(Ori) 151

D.M.PATNAIK, J.K.MOHANTY, B.K.BEHERA
DURUJU MALLIK – Appellant
Versus
KRUPASINDHU SWAIN – Respondent


Advocates Appeared:
B.H.MOHANTY, DEEPAK MISRA, M.Patra, S.K.Nayak, S.Mishra

J. K. MOHANTY, J.

( 1 ) THE question that arises for consideration in these revisions is whether a suit for permanent injunction restraining the defendants from interfering with the plaintiffs' possession over the disputed lands will abate under the provisions of S. 4 (4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (Orissa Act 21 of 1972) (hereinafter referred to as the 'act' ). One of these cases (C. R. No. 88/80) was placed before a learned single Judge of this Court Mr. Justice P. K. Mohanti (as he then was) and his Lordship was pleased to refer the case to a Division Bench as the reasoning given by a Division Bench of this Court in a case reported in AIR 1982 Orissa 48 : (1982) 54 Cut LT 143 (Rahas Bewa v. Kanduri Charan Sutar) was not accepted. Thereafter the case came up before a Division Bench consisting of Mr. Justice P. K. Mohanti (as he then was) and Hon'ble Mr. Justice D. P. Mohapatra and their Lordships thought it proper to refer the same to a Full Bench for consideration of the above point of law. Accordingly the matter was placed before the Hon'ble the Chief Justice for constitution of a Full Bench and as common question









































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