PURNABASI PANIGRAHY Vs. MANORANJAN PATRA

JUDGEMENT

(1.) The Appellant, by filing this Appeal under Sec. -100 of the Code of Civil Procedure, 1908 (for short, 'the Code'), has assailed the judgment and decree dtd. 9/12/2016 and 23/12/2016 respectively passed by the learned District Judge, Ganjam in R.F.A. No.76 of 2013. The Appellant as the Plaintiff had filed Civil Suit No.84 of 2008 in the Court of learned Civil Judge (Junior Division), Berhampur for permanent injunction, restraining the Respondents arraigned as Defendants from interfering and disturbing her peaceful possession over the suit land. The suit having been dismissed, the Appellant being the unsuccessful Plaintiff had carried Appeal under Sec. -96 of the Code, which has also been dismissed. Hence, the present Second Appeal is at the instance of Appellant who has remained as unsuccessful Plaintiff in both the Courts below.

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

(3.) Plaintiff's case is that she is the owner in possession of the land under Plot No.231/3721 appertaining to Khata No.1030/1520 to the extent of Ac.0.073 decimals of mouza: Baidyanathpur under Berhampur Tahasil. It is stated that she has purchased the suit plot from one Sapan Kumar Padhy by registered sale-deed dtd. 4/4/2001. After purchase, the land has been mutated in her name by order passed in M.C. No.3824 of 2001 and accordingly, the patta in respect of suit land stands in her name. She then started construction over the suit land. When the matter stood, on 6/11/2008, the Defendants having no manner of right, title and interest over the property came over there and stopped the construction work. They also threatened the Plaintiff. The Plaintiff therefore instituted the suit seeking the relief of permanent injunction.