PADMANAVA CHOUDHURY Vs. DEBENDRA KUMAR MOHANTY

JUDGEMENT

(1.) THE opposite party in Misc. Case No. 22/241 of 2001, arising out of Title Suit No. 249 of 2001 of the court of the Ist Additional Civil Judge (Senior Division), Bhubaneswar has assailed the order passed by the Civil Judge (Senior Division) on 4th October, 2004, which has been confirmed by the learned Ad hoc Addl. District judge, F.T.C. No. 3, Bhubaneswar in F.A.O. No. 24/13/152 of 2006/2004 temporarily injuncting him from creating any disturbance over the suit land.

(2.) THE lands, for which the present case has been initiated, measure an area of Ac.0.41 decs. pertaining to three plots. Those plots are; (i) Plot No. 261, Khata No. 296, area Ac.0.18 decs. corresponding to Plot No. 261/710, Khata No. 299/11 Area Ac. -.18 decs. (ii) Chaka Plot No. 642, Chaka No. 229, Area Ac.0.13 decs. of Mouza -Saleswar, and (iii) Khata No. 515, Chaka Plot No. 1818, Area Ac.0.10 decs. Mouza Jagannathpur, Dist. Khurda. The first two plots are the subject matter of the dispute in O.S. No. 206 of 1986. The civil litigation is at present pending before this Court in S.A. No. 34 of 1996. The third plot bears Chaka Plot No. 1818 is the subject matter of O.S. No. 180 of 1999. The matter is at present pending before the learned District Judge, Bhubaneswar in R.F.A. No. 73 of 2005. The present opposite party filed a suit for perpetual injunction. In the said suit he filed an application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908, hereinafter referred as the Code, for brevity. The opposite party, inter alia, alleged that he purchased the suit land from the original recorded tenant Hata Pradhan under two Regd. Sale Deeds executed on 19.07.1985 and 24.07.1987. Since then, he has been possessing the suit land and it has been mutated in his favour during consolidation operation. It is his further case that the Defendant -opp.party No. 1, widow of late Hata Pradhan and Defendant No. 2 claiming as the daughter of said Hata Pradhan challenged the first Sale Deed made by Hata Pradhan in Title Suit No. 206 of 1986 before the Munsif, Bhubaneswar. Though the suit was decreed in their favour, the said decree was set aside by the Appellate Court in Title Appeal No. 19 of 1988 and the sale deed was held to be valid. Indian Law Reports, Cuttack Series [2011]

(3.) THE second sale deed was executed by Defendant No. 1 after the death of Hata Pradhan in Title Suit No. 180 of 1999 and the same is still the subject matter of the pending litigation. During the pendency of the said suit, Defendant Nos. 1 and 2 jointly sold the disputed land to the present Petitioner on 01.11.2000 knowing fully well that Hata Pradhan has already sold the suit land to the present opposite party. It is the further case of the Petitioner that the said Hata Pradhan during his life time has transferred his suit land and Defendant No. 1 has no right, title or interest over the suit land to transfer the same to opposite party No. 2. Hence, the Petitioner has not acquired any right, over the suit land. Therefore, he prayed for temporary injunction, claiming that he will suffer irreparable loss otherwise.