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2002 Supreme(Ori) 178

P.K.TRIPATHY
Jaigun Nisa Bibi – Appellant
Versus
Sk. Badiruddin Zahed – Respondent


Advocates:
For Petitioners:M/s. B. K. Mohanty, Mrs. R. Mohanty, P. K. Bhuyan, S. K. Pattnaik, S. K. Sethi, Sk.Qamruddin Ahmed
For Opp. Party:R.Ch. Mohanty, R. K. Mohanty, D. K. Mohanty, P. K. Samantray and A.P. Bose

ORDER

9.5.2002. — Heard

2. An order under Order 39, Rule 2-A, C.P.C. passed by the Civil Judge (Sr. Division), 2nd Court, Cuttack on 19.11.1998 in Misc. Case No. 14 of 1995, recording the finding that revision-petitioners are guilty of violating the order of injunction passed the order for attachment of their property and for their detention in civil prison for 7 days. That was unsuccessfully challenged by the petitioner in Misc. Appeal No. 121 of 1998. That was disposed of by the First Addl. District Judged, Cuttack as per the impugned judgment dated 14.12.2001. Against that the present civil revision has been filed.

3. The detail facts mentioned in the pleadings of the parties is not necessary to be noted here. The relevant facts which are necessary to note here are that on 11.11.1994 ad inter¬im ex parte order of injunction was passed against the present petitioner with notice to them to appear on 3.1.1995. They en¬tered appearance on 3.1.1995 and took time to file show cause but as alleged, on 29.1.1995 they violated the order of injunction and plucked coconuts from the trees standing on the suit land and caught fishes from the pond situated in the suit land. When the opposite












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