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1984 Supreme(Ori) 226

P.C.MISRA
NARASINGHA SATPATHY – Appellant
Versus
LABANYA DIBYA – Respondent


Advocates Appeared:
P. Kar, for the Appellant; S.S. Rao, for Y.S.N. Murty, for the Respondent

JUDGMENT :

P.C. Misra, J. - This is an appeal under Order 43, Rule 1 of the CPC against the order dated 13-2-1978 of the Subordinate Judge, Bhubaneswar, passed in Misc. Case No. 42 of 1977 allowing the prayer under Order 39, Rule 2-A of the Code and directing the property of the Appellants to be kept under attachment for one year and in case of further breach the property so attached to be sold to compensate the Respondents.

2. One Biswanath Satapathy, husband of Respondent No. 1, and father of Respondent Nos. 2 and 3, filed O.S. No. 100 of 1950 in the Court of the Subordinate Judge, Puri, praying for partition of his interest in the suit property. In the said suit, an application under Order 39, Rule 1 read with Section 151 of the CPC (hereafter 'the Code') was filed by the Plaintiffs playing for an order of injunction against the Defendants restraining them from cutting and carrying away the paddy crops from the suit land and an ad interim order of injunction was passed on 30-11-1976 to the same effect. The said order is said to have been served on the Defendants on 2-12-1976. Thereafter an application was filed under Order 39, Rule 2-A of the Code alleging violation of the order o





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