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1970 Supreme(Ori) 7

R.N.MISRA
Gobinda Parida – Appellant
Versus
Chakradhara Routray – Respondent


Advocates:
D.P. Mohapatra and G. B. Patnaik, for Petitioners; P.K. Dhal and S.C. Sahu, for Opposite Parties.

ORDER : This is an application under section 115, C. P. C. against the appellate order passed by the learned Subordinate Judge of Kendrapara reversing the action of the learned Munsif on an application under Order 39, Rule 2 (3), Civil P. C. There was ad interim injunction against the petitioners who were defendants in a pending suit (T. S. No. 185 of 1965) in the court of the Munsif, Kendrapara restraining them from cutting away the paddy. It is alleged that in spite of the service of the order of injunction on 20-8-65 the petitioners cut and removed the paddy crop. Evidence was taken and the learned Munsif found that there had been a violation of the order of injunction in spite of service of notice, but he did not give any punishment. The lower appellate court on the findings recorded by the learned Munsif came to hold that this was a case where the violators should be punished for violation of injunction. It, therefore, directed that movable properties valued at Rs. 100 of the petitioners be kept under attachment. It is against this order that the present civil Revision has been filed.

2. Mr. Patnaik, learned counsel for the petitioners, raised a contention that the injunction h


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