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2016 Supreme(Ori) 1147

D.DASH
Siba Sankar Mohanty – Appellant
Versus
Basanti Patra – Respondent


Advocates Appeared:
For Appellant :M/s. Ashok Mohanty, & B.K. Nayak, advocates.
For Respondents:M/s. U.C. Pattanaik, G.M. Rath, S.S. Padhy, S.Pattanaik, S.Dwibedi, Mr. A.B. Parida, (R-1) M/s. R.K. Rout, P.K. Mishra, K.Rout, advocates. (R-2-4)

JUDGMENT

This appeal has been filed challenging the order dated 12.04.2016 passed by learned District Judge, Balasore in Interim Application No. 169 of 2015 arising out of Regular First Appeal No. 282 of 2015.

2. The respondent no. 1 as the plaintiff has filed C.S. No. 246 of 2012 in the Court of Sr. Civil Judge Balasore seeking declaration that the suit land is the only passage for ingress and egress to the main road from her residential plot of land where stands a building and decree of permanent injunction directing the appellants and other respondent nos. 2 to 4 to remove the side fence including the blockage from the suit land.

The suit stood dismissed. The respondent no. 1 thus being non-suited has filed the regular fist appeal as noted above. During pendency of this first appeal, the present respondent no. 1 filed an application under Order 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure seeking temporary injunction in a mandatory form directing the appellant and respondent no. 2 to 4 to remove blockade from the suit land so as to make it fit for ingress and egress to her house and to maintain status-quo in so far as said passage is concerned till dispos


































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