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2019 Supreme(Ori) 187

A.K.RATH
Laxmikanta Sahoo – Appellant
Versus
Arun Kumar Sahoo – Respondent


Advocates Appeared:
N.C. Pati, Adv., B. Das, Adv.

JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 24.11.2016 passed by the District Judge, Kendrapara in F.A.O. No.49 of 2016, whereby and whereunder the appellate court directed the parties to maintain status quo over the suit property.

2. Shorn of unnecessary details, the short fact of the case is that plaintiff-opposite party no.1 instituted C.S. No.1283 of 2013 in the court of the Civil Judge (Jr. Divn.), Kendrapara for partition against his father and brothers pleading inter alia that the suit property was purchased by his father, defendant no.2, out of joint family fund. The suit property is the joint family property. Plaintiff filed I.A. No.649 of 2013 for injunction to restrain his father from alienating the suit property. The petition was dismissed with a finding that the suit property is the self-acquired property of his father. Thereafter, he filed another suit being C.S. No.269 of 2015 in the court of the Civil Judge (Sr. Divn.), Kendrapara for partition, declaration that the sale deed dated 10.4.2015 executed by his father in favour of defendant no.1 is void and illegal, permanent injunction and certain other ancillary reliefs. It was pleaded that the suit

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