JUDGMENT

S.K. MISHRA, J. — The opposite party in Misc.Case No. 22/241 of 2001, arising out of Title Suit No. 249 of 2001 of the Court of the Ist Additional Civil Judge (Senior Division) Bhubaneswar has assailed the order passed by the Civil Judge (Senior Division) on 4th October,2004, which has been confirmed by the learned Ad hoc Addl. District Judge, F.T.C. No. 3, Bhubaneswar in F.A.O. No. 24/13/152 of 2006/2004 temporarily injuncting him from creating any disturbance over the suit land.

2.The lands, for which the present case has been initiated, measure an area of Ac.0.41 decs. pertaining to three plots. Those plots are: (i) Plot No. 261, Khata No. 296, area Ac.0.18 decs. corresponding to Plot No. 261/710, Khata No. 299/11 Area Ac.0.18 decs. (ii) Chaka Plot no. 642, Chaka No. 229, Area Ac.0.13 decs. of Mouza-Saleswar, and (iii) Khata No. 515, Chaka Plot No.1818, Area Ac.0.10 decs. Mouza-Jagannathpur, Dist.Khurda. The first two plots are the subject matter of the dispute in O.S.No. 206 of 1986. The civil litigation is at present pending before this Court in S.A.No. 34 of 1996. The third plot bears Chaka Plot No. 1818 is the subject matter of O.S. No. 180 of 1999. The matter is at p