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2016 Supreme(Ori) 573

D.DASH
Jharana Tarai – Appellant
Versus
Nirupama Samal – Respondent


Advocates Appeared:
For the Appellant : M/s. A.K. Mohapatra, B.Panda, T.Dash, S.Nath, S.Samal, S.K. Barik
For the Respondent: M/s. Sujata Jena, G.B. Jena

JUDGMENT :

This appeal has been filed challenging the order dated 7.1.2015 passed by the learned Civil Judge (Sr.Divn.), Kujang in I.A. No. 85 of 2014 in the matter of an application under Order 39 Rule 1 and 2 of the CPC directing the parties to maintain status quo with respect to the property purchased by the appellant from the purchaser of the said land who had purchased it from the father of the respondents.

2. Facts necessary in the purpose of this appeal are stated hereunder:-

In order to avoid confusion and for better understanding, the parties hereinafter have been referred to as they have been arraigned in the suit.

The respondents as the plaintiffs have filed the suit i.e. C.S. No. 94 of 2014 for partition claiming 1/5th share for each of them over the property described in the schedule of the plaint which in total comprises of land measuring Ac.4.58 decimals. A prayer remains for declaration of sale deed dated 3.7.2002 executed by defendant no. 2 in favour of defendant no. 3 and the sale deed in turn executed by defendant no. 3 in favour of defendant no. 4 as void and for permanent injunction restraining defendant no. 4 from interfering in the possession of the land covered

















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