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2011 Supreme(Ori) 156

L.MOHAPATRA, S.K.MISHRA
Sri Brundaban Patra – Appellant
Versus
Rajalaxmi Patra – Respondent


Advocates:
For Petitioners:M/s. Suvashis Patnaik, S. Mohanty, B. Moharana & A. Barik
Sri Bidhu Bhusana Mohapatra (Caveator)
For Opp. party:M/s. R.C. Sarangi, S.S. Mohanty D. Bhatta, and M.K. Pattnaik

JUDGMENT

S.K. MISHRA, J. — The petitioners being the opposite parties in I.A. No. 29 of 2011, arising out of C.P. No. 480 of 2011 of the Court of Judge, Family Court, Bhubaneswar assailed the order dated 04.03.2011 restraining them from interfering with opposite party’s possession of a portion of the building and also directing them to allow use of electricity and water supply to the portion occupied by the opposite party in this case.

2.The facts leading to filing of this writ petition are undisputed. The opposite party is the daughter-in-law of the petitioners. The husband of the opposite party died leaving behind the opposite party and her infant daughter. The opposite party has been in occupation of the first floor of the building over revenue Plot No.1328, Mouza-Kapilaprasad in Bhimtangi area under Bhubaneswar Tahasil where she has been residing along with infant daughter. She filed an application before the learned Judge, Family Court under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005, hereinafter referred to as ‘the Act’, read with Sections 18, 20 and 22 of the said Act on the allegation that after death of her husband the opposite parties, i.e., t














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