JUDGMENT :

A. Pasayat, J. - In a suit for partition and for relief u/s 4 of the Partition Act, 1893 (in short, the 'Act') prayer was made for injuncting opposite parties herein, defendants in the suit, from entering upon the suit land. Learned Civil Judge (Junior Division) Jajpur rejected the prayer and vacated ex parte order of injunction passed earlier. In appeal, learned Addl. District Judge, Jajpur upheld the order.

2. The case of parties in short is as follows :

Plaintiff has filed T. S. No. 85 of 1993 for partition and for relief u/s 4 of the Act. His case is that one Madi Pani had two sons viz, Nidhi and Tila. Nidhi had two sons viz, Damodar and Karuni. Tila had a son named Shyama. Plaintiff-petitioner is the grand-son of Shyama. The opp parties in the petition filed under Order 39, Rule 1 of the Code of Civil Procedure, 1908 (in short, the "Code)", in the suit, were purchasers from the co-sharers-defendants. The suit land stood recorded in the names of Shyama, Nayana and Alana and the latter two being sons of Karuni and Bansi, son of Damodar. Bansi died issueless and his interest devolved upon Nayana. As per the genealogy given in the plaint, Alana also died issueless. Plaint