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M.M.DAS
Gelhei Mallik – Appellant
Versus
Dibakar Mallik – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. P.C. Acharya, Advocate.
For the Opp. Parties:Mr. B.K. Nayak, Advocate.

ORDER

M.M. Das, J.—Heard Mr. P.C. Acharya, learned counsel for the petitioners and Mr. B.K. Nayak, learned counsel for the opposite parties.

2. A suit was filed by the petitioners’ father for declaration of right, title and interest over Ac. 029 decimals of land appertaining to sabik Plot No. 105 under sabik Khata No.16 in Mouza Aliha in the erstwhile District of Cuttack, which corresponds to hal Plot No.94 under hal Khata No.6 in Mouza Aliha. The suit was dismissed for default. Subsequently an application under Order 9, Rule 9 C.P.C. has been filed for restoration of the suit, which has been registered as I.A. No.364 of 2008 and is ending disposal before the learned Civil Judge (Senior Division), Kendrapara.

The defendants, who were earlier set ex parte in the suit, appeared in the said interim application and filed an application for grant of an interim injunction. The application was allowed directing maintenance of status quo against the plaintiffs, who were the petitioners in the application under Order 9, Rule 9 C.P.C. Against the said order, they filed F.A.O. No 60 of 2009 before the learned Additional District Judge, Kendrapara. The said appeal having been dismissed and the















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