KULAMANI BEHERA Vs. SUKA JENA

JUDGEMENT

(1.) HEARD .

(2.) PETITIONER challenges the order of the refusal of injunction by learned Civil Judge (Jr. Division), Salipur in Misc. Case No. 168 of 1999 as per the impugned order dated 6.4.2001 and the confirming judgment in Misc. Appeal No. 28 of 2001 of the Addl. District Judge (Fast Track Court No. II), Cuttack as per the impugned judgment dated 19.7.2002.

(3.) ON analysis of the aforesaid factual aspect and the corresponding documents produced for perusal of the Courts below, it is recorded in the impugned orders that the plea advanced by the plaintiff/petitioner disentitling the status and the interest of the defendant is out and out false and in that respect the plaintiff suppressed material facts while seeking the relief of injunction. Apart from that, the Court below also recorded that when the plaintiff has sold the land and does not dispute to that allegation and when the defendant is the jointly recorded tenant, the relief claimed is not available to him because of concealment of the material facts.