SOUBHAGYA KUMAR DASH Vs. SULEKHA DAS @ SAMANTRAY

JUDGEMENT

(1.) THIS appeal is against the order dated 08.08.2013 passed by learned Civil Judge (Senior Division), 1st Court, Cuttack in I.A. No.327 of 2013 arising out of C.S.(I) No.349 of 2013.

(2.) THE petitioner for interim injunction before the learned lower court is Respondent No.4 in this appeal; opposite party No.3 in the I.A. is the Appellant herein. Opposite party Nos.1, 2 and 4 in the I.A. are Respondent Nos.1 to 3, respectively. To avoid confusion, the parties to this appeal, hereinafter, be referred to as per their description in the cause -title of the I.A.

(3.) FACTS which are not in dispute between the parties are that late Manmohan Samantray died leaving behind his six sons, namely, Dilip, Ajit (petitioner), Bibhudutta (husband of opposite party No.1 and father of opposite party No.2), Sudhir, Bimal and Sukumar (he is unheard of for last 30 years). The case property left behind by said Manmohan is recorded as dwelling house in the names of plaintiff and his brothers.