Injunction simpliciter suits are maintainable in civil court when relief is beyond the jurisdiction of statutory authorities, even if related proceedings are pending under a special statute.

JUDGMENT :

A.C. Behera, J.

This second appeal has been preferred against the confirming judgment.

2. The appellants in this second appeal were the defendants before the Trial Court in the suit vide T.S. No.390 of 1988-I and appellants before the First Appellate Court in the First Appeal vide T.A. No.25 of 1990.

The respondents in this second appeal were the plaintiffs before the Trial Court in the suit vide T.S. No.390 of 1988-I and respondents before the First Appellate Court in the First Appeal vide T.A. No.25 of 1990.

3. The suit of the plaintiffs (respondents in this second appeal) before the Trial Court vide T.S. No.390 of 1988-I against the defendants (appellants in this second appeal) was a suit for injunction simpliciter.

4. According to the plaintiffs, the suit properties described in Schedule ‘Ka’ of the plaint are their properties. The said properties were gained by gradual accretion to the holdings of the plaintiffs from the recess of river Palpala in the process of alluvion and after accretion of the suit properties to the holdings of the plaintiffs, the same remained under their possession. For which, they (plaintiffs) applied before the appropriate authorities i.e. Revenue Officer-cum-Tahasildar, Basta as per Section 21 of the O.L.R. Act, 1960 for fixation of rent of the said accreted suit properties in their favour and on the basis of the such application under Section 21 of the O.L.R. Act, 1960 of the plaintiffs, a case vide O.L.R. Case No.111 of 1979 was initiated by the Revenue Officer-cum- Tahasildar, Basta and after making due enquiry and on being satisfied about its accretion from the recess of river palpala through process of alluvion and mixing with the original holdings of the plaintiffs, the Revenue Officer-cum-Tahasildar, Basta passed order for fixation of rent of the suit properties in that O.L.R. Case No.111 of 1979 in favour of the plaintiffs and finally disposed of that O.L.R. Case No.111 of 1979 after fixing rent of the same in favour of the plaintiffs and directed for issuance of patta for the said accreted land to the plaintiffs. So, in its subsequent consolidation operation, the consolidation authorities issued patta in respect of the suit properties in the name of the plaintiffs on the basis of the final order passed in O.L.R. Case No.111 of 1979 under Section 21 of the O.L.R. Act, 1960 and accordingly, since the fixation of rent of the suit properties in favour of the plaintiffs, the plaintiffs paid rent of the same to the Government and obtained rent receipts from the competent authority. As such, while the plaintiffs were possessing the suit properties being the owners thereof, suddenly, on dated 27.08.1988, they (plaintiffs) received a notice from the Tahasildar, Basta about the reopening of the O.L.R. Case No.111 of 1979 for its adjudication afresh due to setting aside of the final order passed in OLR Case No.111 of 1979 by the Board of Revenue, Cuttack. For which, the plaintiffs decided to file the suit against the defendants in order to injunct the defendants permanently from interfering into their possession over the suit properties. So, in order to institute the suit against the defendants i.e. against the State and Tahasildar, Basta, they (plaintiffs) issued statutory notices under Section 80 of the CPC , 1860 to the defendants stating about the averments in the plaint and the cause of action along with the relief requesting them (defendants-State/the Tahasildar, Bast