SATYABATI PRADHAN Vs. SHYAM SUNDAR NAYAK

JUDGEMENT

(1.) In this writ application, the petitioner has challenged the order dated 19.8.2008 passed by the learned Civil Judge (Senior Division), Balasore in Civil Suit No. 80 of 2007-I partly allowing an application for amendment and partly rejecting an application for incorporating paragraphs 2 to 6 of the proposed amendment filed by the petitioner.

(2.) To appreciate the contentions of the parties, the following facts of the case are necessary to be stated.

(3.) The petitioner also filed I.A. No. 31 of 2007 for injunction under Order 39, Rules 1 and 2, CPC. On 7.4.2007 the Court below directed both the parties to maintain status quo over the suit land till disposal of the original suit. As opposite party Nos. 1 to 4 tried to violate the status quo order, the petitioner filed another application for implementation of the said order and police help. On 18.4.2007, the Court below allowed the said application and directed the O.I.C., Basta Police Station to implement the said Order. On 19.4.2007, opposite party Nos. 1 to 4 forcibly caused to flow saline water into the suit lands by using diesel water pump in order to make those lands unfit for agricultural purpose. Therefore, the petitioner filed an application for mandatory injunction to drain out the saline water from the suit lands. The said application was allowed by the Court below on 8.5.2007 and as opposite party Nos. 1 to 4 created disturbance, the petitioner also filed an application for police help which was allowed by the Court below on 17.5.2007.