MANJUBALA SARANGI Vs. DEBA DARSHINI

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) The Petitioner in this CMP seeks to assail the order dtd. 12/2/2024 (Annexure-4) passed in FAO No.131 of 2022, whereby learned Additional District Judge, Bhubaneswar dismissing the appeal confirmed the order dtd. 16/9/2022 (Annexure-3) passed by learned 2nd Additional Civil Judge, (Senior Division), Bhubaneswar in IA No.01 of 2022 (arising out of CS No.311 of 2022) dismissing an application filed by the Plaintiff-Petitioner under Order XXXIX Rules 1 and 2 CPC.

(3.) Mr. Mishra, learned counsel for the Petitioner submits that the suit has been filed with a prayer to declare that the Plaintiff and Defendant Nos.2 to 4 are the LRs and successors of late Ganeswar Dash and late Sitamani Debi, cancellation of the sale deed bearing number 11081833432 dtd. 24/9/2018 executed in favour of the Defendant-Opposite Party No.1, to declare that the Defendant No.1 is not a joint account holder with late Ganeswar Dash and to declare that the Plaintiff and Defendant Nos.2 to 4 are entitled to Schedule 'B' and 'C' properties and not the Defendant No.1 along with other consequential and ancillary reliefs. Along with the plaint, the Petitioner filed IA No.01 of 2022 under Order XXXIX Rules 1 and 2 CPC with a prayer to pass an ad interim order of injunction restraining the Defendant No.1-Opposite Party No.1 from alienating the schedule 'A' property and releasing schedule 'B' property till disposal of the suit. Learned trial Court rejected the application vide order dtd. 16/9/2022 (Annexure 3 series). Assailing the same, the Petitioner preferred FAO No.131 of 2022 which has also been dismissed. Hence, this CMP has been filed.