PRAMOD KUMAR NAYAK Vs. SRIPATI CHARAN BADAJENA

JUDGEMENT

(1.) In this writ application, petitioner has assailed legality of order dated 9.3.2011 passed by the learned District Judge, Khurda at Bhubaneswar in F.A.O.No.110 of 2010 by which order dated 6.10.2010 passed by the learned Civil Judge(Junior Division),Bhubaneswar in I.A.No.647 of 2009, arising out of C.S.No.478 of 2009, rejecting petitioner s application under Order 39 Rules 1 and 2 read with section 151 of the C.P.C. for temporary injunction was confirmed.

(2.) C.S.No.478 of 2009 is a suit for declaration and permanent injunction filed by the plaintiff against opposite party and others. Petitioner is the sole plaintiff and opposite party is the defendant no.1 in the suit. Prayer of the plaintiff in the suit is to:

(3.) Suit land measuring area of Ac.0.182 decimals is a part of suit plot no.252/1040 under Khata No.105 (total area A.1.225 decimals) originally belonging to late Natabara Samantaray. Plaintiff s case is that said Natabara Samantray sold entire land in the suit plot in favour of pro forma defendant Laxmidhar Paikaray by executing Registered Sale Deed dated 17.2.1984. Plaintiff purchased the suit land from said Laxmidhar Paikaray and is in possession on the strength of Registered Sale Deed dated 23.2.1996 executed by power of attorney of pro forma defendant. Defendant nos. 2 to 18 are legal heirs of late Natabar Samantaray. It is alleged that defendant nos. 2 to 18 in connivance with defendant no.1 managed to fraudulently obtain death certificate from Executive Magistrate, Bhubaneswar in Misc.Case No.1946 of 2008 indicating the date of death oflate Natabar Samantaray as 10.11.1983 though said Natabara Samantray was alive and did execute sale deed dated 17.2.1984 in favour of pro forma defendant. Thereafter, defendant no.1 attempted to trespass into the suit plot including the suit land which was under peaceful possession of the plaintiff. In I.A. No.647 of 2009 plaintiff made prayer for grant of temporary injunction restraining defendant no.1 from interfering with his possession over and entering into the suit land.