SHANTI DEVI KEJRIWAL Vs. GOURI SANKAR KEJRIWAL

JUDGEMENT

(1.) THIS appeal has been filed against an order dated 16.01.2012 passed in I.A. No.32 of 2011 arising out of C.S. No.105 of 2011 by the learned Civil Judge (Senior Division), Titlagarh by which, the said I.A. was dismissed.

(2.) FACTS of the case in brief are that the appellant as plaintiff filed the suit, being, C.S. No.105 of 2011, for declaration that the suit schedule property is the joint family property of the parties and for a further declaration that the registered WILL bearing No.124 dated 24.11.2004 executed by Bhagabati Bai Kejriwal, as void and for permanent injunction.

(3.) IT appears that thereafter, an application was filed by the plaintiff for extension of the status quo order, which being rejected, the plaintiff - appellant filed W.P.(C) No.26811 of 2011 before this Court. This Court by order dated 29.09.2011 directed maintenance of status quo as an interim measure. After the respondent appeared in the said writ application, this Court in its order dated 27.10.2011 disposed of the writ application allowing the interim order of status quo dated 29.09.2011 passed in the said writ application, to continue and remain in operation till disposal of the interim application by the learned trial court. The appellant further alleges that he filed an application for violation of the order of status quo, which is still pending disposal and without disposing of the said application, the learned trial court disposed of I.A. No.32 of 2011 by the impugned order, dismissing the same.