PRINCIPAL EKAMRA COLLEGE RENUBALA PATRA Vs. PREMALATA DEVI

JUDGEMENT

(1.) Both these appeals un der Order 43, Rule 1. Code of Civil Proce dure, are directed against the same order dated 16 10 2000 passed by the Civil Judge (Senior Division), Bhubaneswar. in Misc Case No 470/ 2000, arising out of Title Suit No 521/2000

(2.) Plaintiff-respondent no 1 has filed Titie Suit No 521 of 2000 for declaration that she is continuing as Reader in Oriya in Ekamma College. Bhubaneswar, and for damages and for permanent injunction restraining defendant no 3 from interfering with the functioning of the plaintiff as a Reader in the said College During pendency of the suit, the plaintiff filed an application purporting to be under Order 39, Rules 1 and 2, Code of Civil Procedure in the said application, the trial court after hearing both sides had passed an order restraining defendant no 3 opposite party no.3, the Principal of Ekamra College, Bhubaneswar. from interfering in day-to-day functioning of the plaintiff as Reader in 0riya Department of Ekamra College. Bhubaneswar. till disposal of the suit The said order is being challenged by the Pnncipal in Misc Appeal No 719/2000 arid by defendant no 4 opposite party no 4, who has been posted as a Lecturer in Oriya. in Misc.Appeal No. 725/2000.

(3.) After hearing the counsels for parties and after perusing the lower court records including the orders passed by the trial court, I am convinced that the impugned order cannot be sustained. However, since in my opinion, the matter should be re-considered by the trial court, it is not desirable to express any opinions on many of the contentions raised in this Court leaving it open to the parties to raise those contentions before the trial court so that the trial court would be in a position to decide the matter afresh without being oppressed by any opinion of the higher Court.