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1971 Supreme(Ori) 5

A.MISRA
Ram Chand Lakhani – Appellant
Versus
Sk. Umar Ali – Respondent


Advocates:
D. Mohanty, for Appellant; R. C. Patnaik, for Respondent.

JUDGMENT:- Defendant No. 1 is the appellant against a reversing judgement. Plot no. 3460 measuring 13' x 20' recorded as Nainjori situate between the plaintiff's building on plot no. 3439 and the Bhadrak station feeder road constitutes the subject-matter of dispute. According to the plaintiff, he has some windows and a door opening on the southern side of his building which is bounded by a compound wall. There is a gate in the compound wall opening to the suit land through which he was having access to the Bhadrak station feeder road from his house. Previously, the suit land had vested in the District Board, but at present, it is under the administrative control of State Government in the Revenue Department. On prior occasions, plaintiff had prevented defendant no. 1 from making any construction on the disputed land, but on 13-3-1963, finding that defendant no. 1 had collected some building materials and started constructions, he filed the suit for a permanent injunction restraining defendant no. 1 from making any construction or raising other obstructions on the suit land and for a mandatory injunction to remove such constructions, if any, made during the pendency of the suit alle













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