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1984 Supreme(Ori) 308

B.N.MISRA
GOPI BHOI – Appellant
Versus
LAXMAN PRADHAN – Respondent


Advocates Appeared:
A.K. Mohapatra, Advocate, for the Appellant; A. Mohanty, B.P. Das and Sashi Das, Advocates, for the Respondents

JUDGMENT :

B.N. Misra, J. - Though in this revision notice of admission and hearing bad been issued, with consent of counsel for both sides the matter was heard.

2. Amit.

3. This revision is directed against the order dated 7-11-1983 passed by the learned District Judge, Puri in Misc. Appeal No. 87 of 1983 restraining the petitioners from entering upon the suit-properties and causing disturbance in the possession of the opposite parties and in addition restraining the former from cutting the standing trees and damaging the boundaries of the suit-properties till the disposal of the suit by the trial court. By this order the learned District Judge set aside the order dated 30-7-1983 of the learned Munsif, Puri in Misc. Case No. 100 of 1983 wherein the injunction petition filed by the opposite parties against the petitioners had been dismissed.

4. The facts may be briefly noted. The opposite parties are the plaintiffs and the petitioners are the defendants in O. S. No. 273/82-1 pending in the file of the learned Munsif, Puri. The suit is one for permanent injunction. In the suit the opposite parties had filed a petition under Order 39, Rule 1, C. P. C. which was registered by the trial co













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