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1989 Supreme(Ori) 186

S.C.MOHAPATRA
KRUSHNA BEHERA – Appellant
Versus
GITARANI NANDY – Respondent


Advocates Appeared:
Biswamohan Patnaik, R.N. Mishra and P. Mishra, for the Appellant; P.K. Misra, N.C. Pati, S.K. Swain, B.K. Nayak and A.K. Nanda, for the Respondent

JUDGMENT :

S.C. Mohapatra, J. - Notice of admission having been issued, opposite party has entered appearance. This matter was listed for orders regarding consideration of the report of the trial Court in respect of non submission of report by the lawyers appointed to submit the report. Since, short question involved is whether appointment of the lawyer to inspect the spot and submit the report is exercise of jurisdiction with material irregularity. I heard the Civil Revision on merits with consent of parties to avoid further delay in the proceeding.

2. In a suit for eviction of the Petitioners from the suit premises ad interim temporary injunction was issued again or the Petitioners restraining them from making any construction. While the question of making the orders final is pending after objection by the Petitioners, opposite party filed an application that Petitioners are to be penalised for violation of the order of injunction.

3. Opposite party filed an application for local inspection to avoid further controversy with regard to the number of rooms existing on the suit premises with nature and chatacter of the same with approximate age of the rooms and the structure standing wi









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