LAXMIPRIYA PAIKARAY Vs. BICHITRA NANDA DAS

JUDGEMENT

(1.) This appeal is against the order dated 03.11.2011 passed by the learned Civil Judge (Senior Division), Bhubaneswar in I.A. No.221 of 2011 arising out of C.S. No.395 of 2011 disallowing the prayer for interim injunction restraining the Respondents from making any construction over the suit property as well as creating third party interest therein till disposal of the suit.

(2.) The Appellant is the petitioner and Respondent Nos.1 to 4 are the opposite parties in the same order before the learned trial court.

(3.) The Appellant-petitioner has filed the suit for partition and declaration that the sale deeds executed by opposite party Nos.1 and 2 (Respondent Nos.1 and 2 herein) in favour of defendant Nos.6, 7 and 8 (Respondent Nos.3 and 4 are defendant Nos.6 and 7 in the suit. Defendant No.8 is not a party either in the I.A. or in the present appeal) have no binding effect on him. The Appellant-plaintiff's case in the suit, in short, is that the suit schedule property is ancestral property, the common ancestor being late Banamali Das, who died leaving behind two sons, i.e., Respondent Nos.1 and 2, and three daughters, namely, Laxmipriya (the Appellant), Angurabala (defendant No.3) and late Khirodabala, who has died leaving behind defendant Nos.4 and 5 as her legal heirs. It is alleged that after the death of the common ancestor his two sons (Respondent Nos.1 and 2), practising fraud by suppressing the fact that the common ancestor had left behind three daughters, mutated and converted the suit schedule property in their names and after the mutation both of them executed three sale deeds in favour of defendant Nos.6, 7 and 8 alienating the suit property wherein the plaintiff has got 1/5th share.