PRAVAT KUMAR CHOUDHURY Vs. RANJIT CHOUDHURY

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 16/5/2023 (Annexure-7) passed by learned 1st Additional District Judge, Baripada in F.A.O. No.12 of 2021 is under challenge in this CMP, whereby dismissing the appeal, learned appellate Court confirmed the order dtd. 25/9/2021 (Annexure-7) passed by learned Civil Judge (Senior Division), Udala in I.A. No.29 of 2021 (arising out of C.S. No.80 of 2021) allowing an application filed by the Opposite Parties under Order XXXIX Rules 1 and 2 CPC restraining the Petitioners from entering upon the suit property.

(3.) Mr. Rout, learned counsel submits that the Petitioners are the raiyats under the Opposite Parties, who are the recorded tenants. The Opposite Parties have filed an application in the year, 1967 vide OLR Case No.2, 3, 4 and 6 of 1966-67 under Sec. 26(1) of the Odisha Land Reforms Act, 1960 (for short 'the Act') for resumption of the suit land, which were dismissed by the Tahasildar-cum-Revenue Officer, Udala on 19/9/1969. Subsequently, the Petitioners filed an application to declare them as tenants under the Opposite Parties, which is pending for adjudication. The present suit has been filed for injunction simplicitor without any prayer for recovery of possession. Since a proceeding under the Act is pending for consideration, a suit is barred under Sec. 67 of the said Act.