NIRANJAN RATH Vs. KISHORE CHANDRA TRIPATHY

JUDGEMENT

(1.) The judgment dated 21.3.2013 passed by learned District Judge, Cuttack in F.A.O. No. 113 of 2013 is assailed in three writ petitions being W.P.(C) No. 7650, 12203 and 12204 of 2013. In W.P.(C) No. 7650/2013 the respondent Nos.1 to 7 of the aforesaid F.A.O. assails the judgment dated 21.3.2013. The same judgment has also been assailed by Kishore Chandra Tripathy the original plaintiff in the suit. For the sake convenience the petitioners in W.P.(C) No. 7650/2013 will be referred to as the petitioners, Kishore Chandra Tripathy, petitioner in W.P.(C) No. 12204/2013, will be called as the opposite party and the petitioners in W.P.(C) No. 12203/2013 namely, Braja Bhai, will be referred to as he 3rd party.

(2.) The learned District Judge, Cuttack, before whom the order dated 29.9.2012 passed by learned Civil Judge (Senior Division), 1st Court, Cuttack in I.A. No. 420 of 2012 arising out of Civil Suit No. (1) No. 492/2012 has been assailed, has given the following directions :-

(3.) The facts leading to filling of these writ petition may be stated as follows :- The opposite party, i.e., the petitioner in I.A. No. 420 of 2012 arising out of Civil Suit (1) No. 492 of 2012 on the file of Civil Judge (Senior Division), First Court, Cuttack sought the relief for restraining the opposite parties-respondents, i.e. the present petitioners, from causing any disturbance or dispossession of the opposite party from rightful discharge of duties in the office of officiating President-cum-Vice President of Servants of the People Society (hereinafter referred to as 'SOPS') and the Chairman of Orissa branch of SOPS and also to restrain the office bearers claiming to have been elected in the meeting held on 28.6.2012 and interfere in the affairs of the Council elected for 2011 -2013 debarring from causing any nuisance from the property of SOPS in any manner or enter upon the premises of Gopabandhu Bhawan without consent of the opposite party and not to hold any meeting of the Executive Counsel and Board of Management of Orissa Branch on 22.7.2012 and 23.7.2012 as per the notice dated 3.7.2012 issued by the petitioner No. 6.