BAISNAB PRADHAN Vs. GURU CHARAN PRADHAN

JUDGEMENT

(1.) AGGRIEVED with the dismissal of their appeal in which a challenge was made to the order of the trial Court ordering demolition of part of the building that was constructed in breach of the injunction order, defendants (petitioners herein) have preferred this revision.

(2.) THE facts of the case are as follows : Opposite party herein as the plaintiff has filed a suit (T.S.No. 73/85) before the Civil Judge, Senior Division, Jajpur for partition in which the petitioners herein are defendants. One Misc. Case under Order 39 Rule 2 -A of the Civil Procedure Code (in short, 'the Code') was filed for restraining the defendants from raising any construction over the suit land appertaining to plot No. 1748 measuring Ac.0.30 decimals and plot No. 1878 measuring Ac.0.24 decimals under Khata No. 327 of village Nahana and for maintaining status quo. During pendency of the suit, an ad interim injunction was granted restraining the defendants from making any construction over the suit land or putting up any new fence, removing the existing fence or trees standing over the suit land. The ad interim injunction was made absolute on 20.12.1986. These facts are not disputed.

(3.) WHILE considering the Misc. Case, the trial Court examined the matter at length in which witnesses were examined by both the parties, of which, three witnesses, i.e., P.Ws., 4, 5 and 6 were the pleader commissioner who were deputed by the Court on different occasions to make local investigation. On a consideration of the material adduced before the Court including the reports of the pleader commissioners, the Court came to the conclusion that the defendants had, in violation of order of injunction passed by the Court, constructed the building in question and that they were liable for violation of the order of injunction. Accordingly, an order was passed directing the defendants to demolish the entire building that had been constructed over the suit plot No. 1748. Aggrieved therewith, the defendants preferred an appeal before the Additional District Judge, Jajpur and the same having been dismissed, they have approached this Court by way of this revision for relief.