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2018 Supreme(Ori) 398

A.K.RATH
Anusuya Patra – Appellant
Versus
O. S. E. B. , Bhubaneswar – Respondent


Advocates Appeared:
For the Appellant :Mr. Ajit Kumar Choudhury, Advocate
For the Respondents:Mr. Bhaskar Chandra Panda, Advocate

JUDGMENT :

A.K. Rath, J.

Plaintiff is the appellant against a reversing judgment in a suit for mandatory injunction.

02. The case of the plaintiff was that her mother, Ulli Sahuani, purchased a piece of land by means of a registered sale deed dated 2.7.1957. She was in possession of the same. After her death, the plaintiff constructed a boundary wall leaving 15 feet space for compound on the western side of the vacant side. An electric transformer had been installed by the defendant no.2 in the space left for the compound without her permission. In the proposed building of the plaintiff, the transformer would be by the side of the building, which will be less than a foot or two to the building. She requested the defendants to shift the transformer. All persuasions ended in a fiasco. With this factual scenario, she instituted the suit seeking the reliefs mentioned supra.

03. The defendants filed written statement. It was pleaded that the purchaser was in possession of the suit land. The plaintiff had not left 15 feet space for the compound. The plaintiff had no right over the suit land. The transformer was not installed on any space left by the plaintiff for compound wall. The transform









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