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1968 Supreme(Ori) 20

G.K.MISRA
Sankarsan Nath – Appellant
Versus
Sachidananda Das – Respondent


Advocates Appeared:
R.N. Misra, R.C. Patnaik, B.C. Panda and R.N. Mohanty (2), for Petitioner; Ranjit Mohanty, M.N. Das, H. Kanungo and R.N. Mohanty (1), for Respondent.

ORDER :-

There is a dispute in respect of a particular piece of land in village Kujang between Sachidananda Das and Krupasiudhu Patra. In Criminal Misc. Case No. 96 of 1967 in the Court of the S.D.O., Jagatsinghpur, Sachidananda (first party) obtained an ex parte order on 26-6-1967 under S. 144(2), Cr. P.C., against Krupasindhu Patra (2nd party) who was called upon to show cause by 16-8-1967 as to why the order should not be made absolute. The order was served on Krupasindhu Patra on 31st July 1967 at 11 a.m. Sankarsan Nath, the gumastha of Krupasindhu, filed an application under S. 144, Cr.P.C., before the same S.D.O. in Criminal Misc. Case No. 97 of 1967 on 31-7-1967. The learned S. D. O. again passed an ex parte order under S. 144(2) against Sachidananda and his father Adwait Charan Das calling upon them to show cause by 16-8-1967 as to why the order should not be made absolute. Thus, Sachidananda and Krupasindhu were restrained from going upon the disputed land in Cri. Misc. Cases Nos. 96 and 97 of 1967. On 2-8-1967 Sachidananda and his father moved a petition before the S.D.O., for vacating the prohibitory order passed against them in Cri Misc. No. 97 of 1967. The S.D.O. direct























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