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2004 Supreme(Ori) 222

P.K.TRIPATHY
Sarasa Patra – Appellant
Versus
Kashinath Patra – Respondent


Advocates:
For Petitioners:M/s. S. Misra-2, S. Mohanty, A. K. Mishra, A. K. Sharma, M. K. Dash, R. N. Prusty and P. K. Dash.
For Opp.Party:M/s. B. D. Pradhan and O. P. Mohanty

JUDGMENT

P. K. TRIPATHY, J. — This writ petition has been filed chal¬lenging to the legality and the correctness of the order passed by the Civil Judge (Senior Division), Bhubaneswar on 21.4.2001 in Title Suit No.208 of 1996 and confirming judgment delivered on 11.10.2002 by the Additional District Judge, Fast Tract Court No.2, Bhubaneswar in C.R. No.15/5 of 2002.

2. Petitioners are the plaintiffs and the opposite party is the defendant in Title Suit No.208 of 1996. Plaintiff No.1 is the wife and plaintiff No.2 is the son of the defendant. Plaintiffs have filed the aforesaid suit inter alia for the declaration that defendant is not entitled to evict them from the suit house or to sell it to strangers and to permanently injunct him in that respect. Plaintiffs filed Misc. Case No.220 of 1996 under Order 39 Rules 1 and 2, C.P.C. for temporary injunction. Notwithstanding the objection of the defendant that the suit property is his self acquired property and he has every right to alienate the suit land and that he is required to do so because of the conduct of the plaintiff No.2 in not providing maintenance to him, learned Civil Judge granted temporary injunction. Defend¬ant preferred M








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