ARJUN KUMAR SETHI Vs. COLLECTOR, BALASORE

JUDGEMENT

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

(2.) Order dtd. 9/12/2022 (Annexure-5) passed by learned Civil Judge (Junior Division), Balasore in I.A. No.581 of 2022 (arising out of C.S. No.336 of 2009) is under challenge in this CMP, whereby an application filed by the Petitioner under Sec. 151 C.P.C. with a prayer to restrain the Opposite Parties from evicting the Petitioner till final adjudication of I.A filed for temporary injunction, has been rejected.

(3.) Mr. Mishra, learned counsel for the Petitioner submits that the suit land has been wrongly recorded under Anabadi Khata. The Petitioner is in possession over the suit property from the time of his ancestors. The suit has been filed for declaration of right, title, interest and for ancillary as well as consequential relief. When the Opposite Parties, who are Government Functionaries threatened the Petitioner for eviction; an application in I.A. No.581 of 2022 has been filed under Order XXXIX Rules 1 and 2 C.P.C., which is pending for consideration. The petition could not be adjudicated, as the Opposite Parties-Government Functionaries have not filed their objection. As there was imminent danger of eviction of the Petitioner, he filed an application under Sec. 151 C.P.C. with the aforesaid prayer. The said application was dismissed vide order dtd. 9/12/2022 under Annexure-5 observing that the R.O.R. in respect of the suit property is recorded as Anabadi and thus, the balance of convenience leans in favour of the Opposite Parties.