LAWS(ORI)-1990-10-42

JAGAPADA MITRA AND OTHERS Vs. SHIBAPADA MITRA

Decided On October 07, 1990
Jagapada Mitra And Others Appellant
V/S
Shibapada Mitra Respondents

JUDGEMENT

(1.) Heard learned counsel for both the parties. Notice of final disposal at the time of admission was given.

(2.) Defendant No. 2 filed an application for restraining appellants from constructing house over the roof of the pucca houses situated in Cuttack Town or changing nature of such property. Trial Court having passed an order of temporary injunction, this appeal has been filed.

(3.) Suit is for partition. While plaintiff claimed that suit property is joint, appellants claimed that there has been a partition by metes and bounds.