JUDGMENT :

A.K.Rath, J.

This petition challenges the judgment dated 27.08.2018 passed by the learned District Judge, Cuttack in FAO No.28 of 2018. By the said judgment, learned District Judge dismissed the appeal and confirmed the order dated 29.11.2017 passed by the learned Senior Civil Judge, 1st Court, Cuttack in I.A No.1 of 2017 whereby and whereunder learned trial judge rejected the application of the plaintiff-petitioner under Order 39 Rule 1 and 2 CPC.

2. Plaintiff-Petitioner instituted the suit for partition of Schedule-A land and permanent injunction. She filed an application under Order 39 Rule 1 and 2 CPC stating that she is the owner in possession of Schedule-A land. She had purchased Schedule-A land admeasuring Ac.0.106 dec. by means of a registered sale deed no.1542 dated 17.04.1996. After obtaining approval from C.D.A., she has constructed a two storied building. Schedule-B land measuring Ac.0.053 dec. was mutated in her name. Accordingly, mutation khata no.650/996, plot no.1/1553 was carved out. After Schedule-B land was carved out from Schedule-A land, remaining land corresponds to Schedule-C land. To establish a company, defendant no.3 approached the Bank for a loan