SUPRAVA ROUT Vs. SASMITA NAYAK AND ORS

JUDGEMENT

(1.) Heard Mr. R. Behera, learned counsel for the appellant and Mr. S.K. Pradhan, learned counsel for respondents 1 to 4. Tough respondent No. 5 has entered appearance through Mr. A.C. Mohanty, learned counsel and associates none appears for him when the matter is called.

(2.) Defendant No. 2 in C.S. No. 407 of 2010 of the Court of Civil Judge (Senior Division), 1st Court, Cuttack assails the order dated 13.08.2012 passed in I.A. No. 302 of 2010 in this appeal, wherein, learned Civil Judge directed the opposite parties therein including the present appellant not to alienate any portion of schedule 'B', 'C' and 'D' land in favour of anyone till disposal of the suit and they were further restrained from creating any encumbrance, gift or mortgage or create any 3rd party interest over the suit properties till disposal of the suit.

(3.) Plaintiffs filed the suit to declare the registered sale deed No. 442 dated 29.01.1992 executed by defendant No. 1 in favour of defendant No. 2 (appellant herein) as illegal, inoperative and without consideration. They also prayed for other reliefs for partition in respect of schedule 'B', 'C' and 'D' properties and for permanent injunction. During pendency of the spit, the aforesaid I.A. was filed with the following prayers: