KUNJALATA JENA Vs. PURNA CHANDRA JENA

JUDGEMENT

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

(2.) Judgment dtd. 20/10/2023 (Annexure-6) passed in F.A.O. No.41 of 2021 is under challenge in this CMP, whereby learned 1st Additional District Judge, Puri dismissing the appeal confirmed the order dtd. 18/9/2021 (Annexure-2) passed by learned Additional Civil Judge (Senior Division), Puri in I.A. No.6 of 2021 (arising out of C.S. No.56/170 of 2014) filed by the Plaintiffs-Petitioners under Order XXXIX Rules 1 and 2 CPC.

(3.) Mr. Mohapatra, learned counsel for the Plaintiffs-Petitioners submits that C.S. No.56/170 of 2014 was filed by Bharat Jena and Lingaraj Jena. Bharat Jena died during pendency of the suit and his legal heirs have been substituted. In the year, 2021, the suit Schedule 'B' land was acquired by the State Government. Taking advantage of the wrong recording of the land in favour of Jatadhari Jena, the predecessor of Defendant Nos.2 to 4, they claimed compensation before the land acquisition authority. Hence, the Petitioners filed I.A. No.6 of 2021 with a prayer to restrain the Opposite Parties from transferring the suit properties to any 3rd party and cause any waste and damage to the same by changing the nature and character of the suit property till disposal of the suit. The said application was dismissed vide order dtd. 18/9/2021 under Annexure-2. Assailing the same, the Petitioners preferred F.A.O. No.41 of 2021, which has also dismissed vide judgment under Annexure-6. Assailing the said order, this CMP has been filed.