KISHORE CH. BEHURA Vs. AJAY KU. BEHURA

JUDGEMENT

(1.) HEARD learned counsel for the parties. The present petitioner, being the plaintiff -petitioner in I.A. No. 36/2006 arising out of C.S. No. 40/2006 of the court of Civil Judge (Jr. Division), Aul and respondent No. 1 in F.A.O. No. 40/2012 of the court of District Judge, Kendrapra, assails the judgment dated 17.6.2013 passed by learned District Judge, Kendrapara in the aforesaid F.A.O. allowing the appeal in part and directing the parties to maintain status quo as directed by the learned Civil Judge (Jr. Division) as per the order dated 10.7.2012 in the foresaid I.A.

(2.) THE present petitioner -plaintiff filed a suit for partition and perpetual injunction against the defendants -opposite parties. The suit land measuring Ac.2.18 decs. pertaining to Hal Khata Nos. 15, 16, 17 and 135 of Mouza - Bada Anko. It is averred by the plaintiff that the suit land is the purchased land of both the parties and their names have been jointly recorded in the Major Settlement Record of Rights. It is further averred that the suit land has not been partitioned by metes and bounds between the parties.

(3.) THE defendant -opposite parties, filed their objection to the interim application. They plead that the suit land is their purchased land and the names of the parties have been recorded jointly in the Major Settlement R.O.R. The defendant -opposite parties have not disputed the averments made in the plaint that the suit land has not been partitioned by metes and bounds between the parties. The defendant -opposite parties have averred that both the parties have purchased Ac.0.34 decimals 8 links from different persons out of Hal Plot No. 777 but during the Major Settlement operation the area of Hal Plot No. 777 has been reduced and recorded as Ac.0.26 decimals.