PANCHANAN PRADHAN Vs. RAM KISHAN AGRAWAL

JUDGEMENT

(1.) This Civil Miscellaneous petition arises against an order dated 06.10.2015 passed by the District Judge in FAO No. 12/20 of 2011 rejecting an application under Order 39 Rule 7 of the Code of Civil Procedure at the instance of the petitioner for inspection of the suit land.

(2.) Short fact involved in the case is that petitioner as plaintiff filed a suit bearing Civil Suit No. 5 of 2009 in the court of Civil Judge (Junior Division), Bargarh against the defendant opposite party seeking declaration of right, title and interest over the 'B' Schedule land which corresponds to 'C' Schedule land and for permanent injunction restraining the defendant -opposite party from entering upon the suit land.

(3.) Excluding the unnecessary facts since not relevant for the decision of the present matter, relevant fact in the matter involved in the case is that in the pending suit, the plaintiff filed an application for temporary injunction under Order 39 Rule 1 of the Code of Civil Procedure registered as I.A. No. 2 of 2009 temporarily restraining the opposite party from entering upon the suit land and from disturbing the peaceful possession of the petitioner. The opposite party -defendant resisting the said application, contended that the application should be rejected on the sole ground that the petitioner is not the owner in possession of the suit land.