BISWANATH GIRI Vs. NIMAIN MURMU

JUDGEMENT

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

(2.) The Petitioner in this CMP seeks to assail the order dtd. 22/12/2023 (Annexure-1) passed by learned Senior Civil Judge, Jaleswar in I.A. No.275 of 2023 (arising out of C.S. No.1158 of 2023), whereby an application filed by the Plaintiff-Petitioner under Order XXXIX Rule 3 CPC, has been rejected.

(3.) Mr. Jena, learned counsel submits that the mother of the Petitioner had purchased Schedule 'B' property in the year, 1983. Since then, they are using Schedule 'A' property for their access to the public road. Recently the Defendants-Opposite Parties tried to obstruct the passage by making construction thereon. Hence, the suit has been filed for easementary right over the suit property and for other consequential and ancillary relief. Since the Opposite Parties are contemplating to make construction over the suit property obstructing passage of the Petitioner, an application under Order XXXIX Rules 1 and 2 CPC was also filed for temporary injunction.