NANDAKISHORE NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Learned Counsel for both the parties are present. Petitioners have filed today in the Court the above noted Misc. Case with the prayer to pass appropriate interim order to prevent interference on the rights of the plaintiffs by the defendants. Since the revision is being taken up, on consent of the parties for disposal at the stage of admission, therefore, appropriate orders shall be passed in the Civil Revision Petition and there fore no separate order need be passed on the aforesaid application filed in Court' today.

(2.) Plaintiffs in Title Suit No. 688/678 of 2001/1999 of the Court of Civil Judge (Jr. Division), Bhubaneswar have filed this Civil Revision Petition under Section 115, CPC challenging to legality and correctness of the order passed on 29-6-2002 by the said Civil Judge and the confirming order passed by learned Addl. District Judge, Bhubaneswar on 21-11- 2002 in F.A.O. No. 74 of 2002 by refusing to grant temporary injunction in favour of the plaintiffs by issuing an order of'restraint directing the defendants not to possess or to carry on any subsequent activities on the suit area measuring Ac 5.15 decimals from out of Ac.95.00 in plot No. 291 (according to 1931 Settlement).

(3.) It is the admitted case of the parties that in the Record-of-Right distributed in the year 1988-89 the disputed plot has been recorded in the name of the State Government of Orissa. i.e., Defendant No. 1 and on 3-4-/ 2000 defendants 1 and 2 have allotted Ac. 19.00 out of the same in favour of Defendant No. 3. i.e Bhubaneswar Development Authority (in short the 'BDA') to carry out the social housing scheme.