MAHAVIR DURGA PUJA Vs. FALCON REAL ESTA

JUDGEMENT

(1.) MISC . Case No. 537 of 2014 is with a prayer to modify/clarify the judgment dated 16.5.2014 which has been passed in F.A.O. No. 243 of 2013 dismissing the F.A.O.

(2.) ORDER of interim injunction is in force as against the appellants. The order passed in I.A. No. 176 of 2013 arising out of C.S. No. 304 of 2013 passed by the learned Civil Judge (Senior Division), Bhubaneswar restraining the appellants from entering upon the suit land and creating any disturbances or interference with regard to the suit land during pendency of the suit has been confirmed by this Court. But, the specific and consistent plea of the appellants is that the construction of statue is not over any of the plots included in the plaint schedule. So far, none of the parties have taken any step to get the construction site measured to find out whether it is coming within any of the suit plots. It appears, the respondent has filed an application under Order 39 Rule 2 -A C.P.C. with a prayer to direct the local Police to see that the order of injunction is implemented in its letter and spirit. In that proceeding the respondent has to establish that the appellants have disobeyed the order of injunction by raising construction of the Hanuman statue over a portion of the suit land. It is not understood as to why no step has yet been taken to get the disputed site identified by way of local inspection. It at all a direction is issued by the learned trial court to the Police for implementation of the order of interim injunction, then the Police is at liberty to get the construction site measured to find out if it is a part of any of the suit plots.

(3.) THE other Misc. Case No. 538 of 2014 is for restraining the appellants from making construction of the Hanuman statue till disposal of Misc. Case No. 537 of 2014.