JUDGMENT :

This appeal is against the order dated 18.3.2009 passed by the learned District Judge, Bhadrak, Balasore in Misc. Case No. 4 of 2002 registered on an application under Order 39, Rule 2-A C.P.C.

2. Facts leading to the filing of the present appeal may be stated in brief.

Appellant herein is defendant No. 1 and Respondent No. 1 is the plaintiff in T.S. No. 452 of 2000 on the file of learned Civil Judge (Junior Division), Balasore. On the plaintiff's petition under Order 39, Rule 1 and 2 C.P.C., Misc. Case No. 287 of 2000 was registered in which the prayer for interim injunction was rejected. Being aggrieved, he preferred Misc. Appeal No. 123 of 2001 wherein direction to maintain status quo in respect of M.S. Plot No. 572 and 577/2235 was passed on 7.1.2002 on the consent of the parties which was made absolute vide judgment dated 23.1.2002 passed in the Misc. Appeal. After final disposal of that Misc. Appeal, R-1 filed a petition under Order 39, Rule 2-A C.P.C. alleging that the appellant and his sons disturbed the status quo by digging earth and putting cement pillars for construction of a house over the land in respect of which the parties were directed to maintain status qu