JUDGMENT :

A.K. RATH, J.

1. This petition challenges the judgment dated 17.8.2016 passed by the learned 3rd Additional District Judge, Berhampur, Ganjam in F.A.O. No. 8 of 2016. By the said judgment, the learned lower appellate court dismissed the appeal and confirmed the order dated 11.3.2016 passed by the learned Civil Judge (Sr. Division), Berhampur, Ganjam in I.A. No. 16 of 2016, whereby and whereunder, application of the petitioner under Order 39, Rule 1 and 2 C.P.C. for temporary injunction was rejected.

2. The petitioner as plaintiff instituted C.S. No. 31 of 2016 in the court of the learned Civil Judge (Sr. Division), Berhampur, Ganjam seeking the following reliefs:-

“(a) Restraining the Defendants to demolish the structures and making any construction over the Suit Schedule-B property either by themselves or through their agents, representatives etc.

(b) Directing the Defendants to fill up the holes and remove the temporary structures over the Suit Schedule-B property.

(c) Restraining the Defendants to transfer, mortgage and alienate the Suit Schedule-B property in favour of any person or persons.

(d) Directing the Defendants to make payment of Rs.4,00,000/- towards damage caused