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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Trilochan Mangaraj – Appellant
Versus
Rasabihari Pradhan – Respondent
JUDGMENT :
A.C. BEHERA, J.
1. This Civil Miscellaneous Petition under Article 227 of the Constitution of India, 1950 has been filed by the petitioner against the Opposite Parties praying for quashing(setting aside) the impugned order dated 03.08.2022 (Annexure-4) passed in I.A. No.01 of 2022 arising out of C.S. No.1424 of 2022 by the learned Civil Judge(Junior Division), Bhubaneswar and the impugned judgment dated 29.09.2023(Annexure-5) passed in FAO No.102 of 2022 by the learned 5th Additional District Judge, Khurda at Bhubaneswar.
2. The factual backgrounds of this Civil Miscellaneous Petition, which prompted the petitioner for filing the same is that, the petitioner being the plaintiff filed a suit vide C.S. No.1424 of 2022 in the court of learned Civil Judge(Jr. Division), Bhubaneswar against the Opposite Parties arraying them as defendants praying for injuncting them(defendants) permanently from entering into the suit properties and to injuct them(defendants/Opposite Parties) from making construction thereon.
3. In that suit vide C.S. No.1424 of 2022, the petitioner(plaintiff) filed an Interlocutory Application vide I.A. No.01 of 2022 under Order- 39, Rule-1 and 2 read with Secti
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