ANUPAM DAS MAHAPATRA Vs. DAS MAHAPATRA & ANOTHER

JUDGEMENT

(1.) This first miscellaneous appeal is directed against an order being Order No. 10 dated 7th August, 2014 passed by the learned Civil Judge (Senior Division), 1st Court at Contai in Title Suit No. 204 of 2014 at the instance of the defendant no. 15/appellant.

(2.) By the impugned order the defendants' application under Order XXXIX Rule 4 of the Code of Civil Procedure was rejected. Let us now consider the merit of the appeal in the facts of the present case.

(3.) The plaintiff/respondent filed a suit for partition of the suit property against his co-sharers. The defendant no. 15 is admittedly a co-sharer of the suit property. After filing the suit, the plaintiff filed an application for injunction for restraining the defendant no. 15 from raising any construction on any portion of the suit property. The plaintiff's said application for injunction was allowed and ad interim order of injunction was passed restraining the defendant no. 15 from raising any construction in the suit property.