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2010 Supreme(Ori) 726

M.M.DAS
DIPTI RANJAN SAHOO – Appellant
Versus
NALINI KUMARI SAHOO – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The court affirmed its inherent power under section 151 of the Civil Procedure Code to rectify wrongs committed by violators of injunction orders and to restore the previous status quo (!) (!) .
  • The case involved a dispute over a residential property between a mother and her son and daughter-in-law, with the appellate court directing the defendants to vacate the property and remove their articles within one month (!) (!) .
  • The initial injunction order was not ambiguous, but the appellate court recognized its inherent authority to undo violations of such orders, including directing the removal of articles brought into the property in violation of court orders (!) (!) .
  • The court clarified that the direction to vacate the property and remove articles applies only to articles brought into the house in violation of the injunction, and not necessarily to all articles listed in the plaint, which will be determined in the ongoing suit (!) (!) .
  • The exercise of inherent power under section 151, CPC, is justified and necessary to prevent the perpetuation of wrongdoing and to uphold the integrity of court orders, especially in cases where violations occur (!) .
  • The final decision dismissed the writ petition, confirming that the appellate court's order was legal and justified, with the clarification that the removal direction pertains only to the articles introduced in violation of the injunction (!) (!) .

Please let me know if you need further analysis or assistance.


ORDER

M.M. Das, J. - This writ petition has been filed against an order passed in FAO No. 5/22 of 2009/2008 by the learned 1st Addl. District Judge, Puri on 26-2-2010, by which the learned 1st Addl. District Judge, Puri, while allowing the appeal filed by the Plaintiff directed the present Petitioners, who are Defendants in the suit, to vacate the disputed residential house and to remove the articles they have in the same within one month from the date of passing of the said order until the dispute as to the right, title and interest stand determined in the suit i.e. C.S. No. 148 of 2005. Facts giving rise to the appellate order are that the opposite party, who is the mother of the Petitioner No. 1, has filed a suit seeking relief for passing a decree for permanent injunction restraining the present Petitioners from entering into the disputed property, which is a residential house, and a decree for mandatory injunction directing the Defendants (writ Petitioners) to remove their articles from the said house, which has been described in the Schedule 'B' of the plaint.

2. An application under Order 39, Rule 3, CPC along with an application for interim injunction under Order 39, Rules 1






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