PARBATI SAHOO Vs. PURNA CHANDRA SAHOO

JUDGEMENT

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

(2.) Order dtd. 5/2/2024 (Annexure-4) passed in F.A.O. No.37 of 2023 is under challenge in this CMP, whereby learned District Judge, Puri modified the order dtd. 17/5/2023 passed by learned Senior Civil Judge, Pipili in I.A. No.65 of 2021 (arising out of C.S. No.169 of 2021) and directed that Opposite Party Nos.1 and 2 in I.A. No.65 of 2021 are temporarily restrained to alienate the suit property covered under Khata No.509 only.

(3.) Mr. Pati, learned counsel for the Petitioner submits that the suit plots are covered under two khatas, namely, Khata Nos.509 of Mouza Rathapurusottampur and Khata No.379 of Muninda Mouza in the district of Puri. Although the suit properties are ancestral in nature, their father, namely, Suratha Sahoo sold the same to the Opposite Parties. Admittedly, the Petitioner and Opposite Parties are children of Suratha Sahoo.Without knowledge of the Petitioner, Suratha Sahoo sold the land under Khata No.379 to his sons, namely, the Opposite Parties. Thus, a suit for partition has been filed along with a prayer for declaration that the sale deed executed by her father in the name of Opposite Parties is illegal, fraudulent, null and void. A prayer for permanent injunction is also made in the plaint. Since the Opposite Parties made an attempt to dispossess the Petitioner from the suit property and to alienate the same, an application under Order XXXIX Rules 1 and 2 CPC was filed in I.A. No.65 of 2021. Learned trial Court considering the matter in its proper perspective, restrained the Opposite Parties from alienating the suit property and to dispossess the Petitioner from the suit land till disposal of the suit. Assailing the same, the Opposite Parties preferred F.A.O. No.37 of 2023. Learned appellate Court without taking into consideration the fact that the property is ancestral in nature, modified the order passed by learned trial Court and confined the restraint order to Khata No.509 only. Assailing the said order, this CMP has been filed.