MANOJ KUMAR NAYAK Vs. GUNA MOHANTY

JUDGEMENT

(1.) In this writ petition, petitioners have assailed legality of order dated 24.11.2012 passed by learned District Judge, Khurda at Bhubaneswar dismissing FAO No.111 of 2012 and confirming the order dated 27.8.2012 passed by learned Civil Judge (Senior Division), Bhubaneswar in I.A. No.391 of 2012, a proceeding for temporary injunction under Order 39 Rules 1 and 2 read with Section 151 of the C.P.C., arising out of C.S. No.580 of 2012 by which parties were directed to maintain status quo over the suit property during pendency of the suit.

(2.) C.S. No.580 of 2012 is a suit for partition in respect of the suit lands described in the schedule to the plaint under Lot Nos.I and II. Lot No.I relates to Plot No.557 comprising of an area of Ac.0.59 decimals whereas Lot No.II relates to Plot No.1451 comprising of an area of Ac.0.400 decimals under Khata No.161 of Mouza Patia. At present Ac.0.200 decimals of land out of Lot No.II has been recorded under Mutation Khata No.474/2447 in the name of defendant no.5 and an area of Ac.0.200 decimals of land out of Lot No.II has been recorded under Mutation Khata No.474/2021 in the name of defendant no.4.

(3.) Opposite party no.1 as the plaintiff has filed the suit against the petitioners as defendant nos.4 and 5 respectively, opposite party nos.2 and 3 as defendant nos.2 and 3 respectively and defendant nos.1 and 6 claiming 1/4th share over the suit lands. The suit lands originally belonged to and was recorded in the name of late Chintamani who died leaving behind his widow late Sebati, two daughters who are the plaintiff and defendant no.1, and two sons who are defendant nos.2 and 3. On 4.2.1986 defendant no.3 and his mother late Sebati executed registered sale deed in respect of Ac.0.200 decimals of land out of Lot No.II in favour of defendant no.6 and thereafter on 17.2.1997 defendant no.6 executed registered sale deed in respect of the said land in favour of defendant no.5. Defendant no.2 was a signatory to the registered sale deed dated 4.2.1986 as a witness. Defendant no.5 got the land purchased by her mutated in her name under Khata No.474/2447 in Mutation Case No.5249/ 2003. Also she has got the status of the land purchased by her converted to the status of "Gharabari? in OLR Case No.5674/2007. It is also not disputed that on 7.3.2001 defendant no.2 executed registered sale deed in respect of balance Ac.0.200 decimals of land out of Lot No.II in favour of defendant no.4. Defendant no.3 was a signatory to the sale deed as a consenting party. After purchase, defendant no.4 has got the land purchased by him mutated in his name under Khata No.474/2021 in Mutation Case No.1644/2001 and has got the status of the land purchased by him converted to the status of "Gharabari? in OLR Case No.532/2008. These facts are not in dispute.