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2007 Supreme(Ori) 785

PRADIP MOHANTY
Shantilata Bhutia – Appellant
Versus
Subhadra Nayak – Respondent


Advocates:
For Petitioner:M/s. P. K. Mohanty (2), P. K. Pradhan and P. K. Routray
For Opp. Parties:M/s. S. Pattnaik, C. Choudhury and B. Moharana (O.P.Nos. 1 to 3) and
Addl. Standing Counsel (O.P.No. 4)

JUDGMENT

PRADIP MOHANTY, J. — In the instant revision, the petitioner is aggrieved by the judgment dated 26.05.1998 passed by the learned 2nd Addl. Sessions Judge, Bhubaneswar in Criminal Revi¬sion No. 28/30 of 1997/94 reversing the order dated 25.03.1994 of the Sub-Divisional Magistrate, Bhubaneswar in Crl. Misc. Case No. 217 of 1993.

2. The petitioner is the 1st party in the trial Court and opposite party No. 2 before the learned 2nd Addl. Sessions Judge, Bhubaneswar (lower revisional Court). The case of the petitioner is that her residential house is situated over plot No. 1120 corresponding to Sabik Plot No. 87 and the private opposite parties are the owners of Hal Plot Nos. 1122 and 1123 correspond¬ing to Sabik Plot No. 88. To the South of the above plots, a public passage runs bearing Plot No. 1126, which is used by the family of the petitioner and others. The private opposite parties have occupied a major portion of the said passage by constructing a shed, thereby obstructing free passage. Therefore, the peti¬tioner filed an application under Section 133 Cr.P.C. before the learned S.D.M., Bhubaneswar, which was registered as Crl. Misc. Case No. 217 of 1993. The local police,





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