COLLECTOR BALASORE Vs. SUKADEV SAMAL

JUDGEMENT

(1.) Judgment-debtors of Q.S. No. 14 of 1986-I are the petitioners. Civil Revision has been filed challenging the order dated 5-11-1993 arising out of Execution Case No. 7 of 1991.

(2.) Opposite parties as plaintiffs filed the suit praying for permanent injunction and for the direction not to interfere with their possession and with further prayer for mandatory injunction and removal of the constructions made by the defendants over their land and for other ancillary reliefs arraying the present petitioners who are Collectors, Balasore and others as defendants. In the aforesaid suit, the plaintiffs alleged that defendants had executed the work of construction of escape on the suit land of which plaintiffs were the owners. Since without any manner of right, title and interest defendants were trying to interfere in the right, title and interest of the plaintiffs permanent injunction be granted directing them not to interfere with in the possession of the plaintiffs. Plaintiffs also had prayed for demolition of constructions made over their plot.

(3.) Defendants filed their written statement in the suit disputing the allegations and contended that no part of the escape was constructed on plot No. 106 of mouza-Korakada which was the disputed plot. It was further pleaded that the escape as a bi-pass drainage from the river Ganjuti situates in village Kanjiapal and Sukadevpur from the time of British regime. A portion of the old structure was of the escape damaged for which reconstruction of the escape was taken up on the site on which it was existing and no part of the escape was constructed on plot No. 106 as claimed by the plaintiffs.