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2007 Supreme(Ori) 678

L.MOHAPATRA
Tapan Kumar Mohanty – Appellant
Versus
Sudhansubala Sahu – Respondent


Advocates:
For Petitioner:M/s. Bansidhar Baug, S.S.Ghose, S. Rath, R.C.P.Das
For Opp. Parties:M/s. Mr. B.H.Mohanty and Mr. Jaya¬deep Pal

JUDGMENT

L. MOHAPATRA, J. — This writ application is directed against the order 9.8.2007 passed by the learned District Judge, Khurda at Bhubaneswar in F.A.O. No. 60 of 2007 dismissing the same and confirming the order dated 30.6.2007 passed by the learned Civil Judge (Senior Division), Bhubaneswar in Misc. Case No. 30 of 2002 (arising out of Title Suit No. 29 of 2002) in an application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure directing the parties to maintain status quo over the suit land till disposal of the suit.

2. Opposite party No. 1, Smt. Sudhansubala Sahu, had initially filed the aforesaid suit against the opposite party No. 2 Soubhagya Kumar Mishra for declaration of right, title and interest over the B-Schedule property and also for confirmation of possession and permanent injunction. Case of the plaintiff-opposite party No. 1 is that one Tilatama Samal was the rightful owner in respect of the suit Schedule property who derived her title by virtue of the order passed in O.E.A.Case No. 75 of 1959-60 and Revision Case No. 3178 of 1973-74 and Record-of-Right has been published in her name. The said Tilatama Samal expired leaving behind Alekha Sasmal











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