GHANA PRADHAN Vs. RAGHUNATH ALIAS ARAKHITA PRADHAN

JUDGEMENT

(1.) Heard.

(2.) This writ application is taken up for final disposal at the stage of admission on consent of the parties.

(3.) Petitioners are the plaintiffs in Title Suit No. 677 of 2001. They filed an application under Order 39, Rules 1 and 2, C.P.C. registered as Misc. Case No. 252 of 2001. As stated by learned counsel for the petitioners in that application for temporary injunction, petitioners prayed for temporary injunction with respect to consolidation Plot No. 236, corresponding to Hal Settlement Plot No. 219. Defendant Nos. 3 and 4 are the contesting opposite party members. Plaintiff, defendant Nos. 3 and 4 and the other defendants are members belonging to the same family. As noted in the impugned judgment, the status of partition 50 years back is an admitted fact. Learned Civil Judge (Junior Division), Puri rejected the application under Order 39, Rules 1 and 2, C.P.C. taking note of the fact that in the record of rights, note of possession was in favour of the defendants 3 and 4, whereas during consolidation operations, the disputed property has been jointly recorded and the consolidation authority had no right to correct the settlement entries in the said manner and to reflect the note of possession jointly in the alleged manner.