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2015 Supreme(Ori) 236

D.DASH
Rebati Khuntia – Appellant
Versus
Debi Prasad Rath – Respondent


Advocates Appeared:
For Appellants – M/s. Anirudha Das, R.N. Mohapatra, Amarendra Das, G.P. Panda, Abanindara Das
For Respondent - M/s Susanta Kumar Dash, S.K. Mishra, S.K. Das, A. Dhalsamanta, K.K. Das, S.Patra

JUDGMENT

1. These appellants were the defendants in the suit filed by the respondents for issuance of perpetual injunction restraining these defendants from entering into the suit space.

2. For the sake of convenience to avoid confusion and for clarity, the parties hereinafter have been referred to as they have been arrayed in the court below.

Plaintiffs case is that in the year 1971 he had purchased land measuring Ac. 0.08 decimals from Sabik plot No. 588, plot Sabik Khata No. 21 and two years thereafter he constructed a building on the portion of the said land. It is stated that he had left a space of 12 feet width on the western side of his building and that is the suit space. This was being used as space for the plaintiff goes to the backside of his building. It is further case of the plaintiff that over this space, he had a terrace of 3 ft. width, a window projection (taja) and also a mini well. The plaintiff had constructed compound wall on all the sides of the suit plot. As at one point of time there was resistance from the side of the defendants by not allowing the plaintiffs workers to go for white washing of the building by standing over the said suit space, the plaintiff ha















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