RAGHU MOHAPATRA AND ORS. Vs. BHASKAR MOHAPATRA

JUDGEMENT

(1.) This Civil Revision is directed against the reversing order passed by the learned Subordinate Judge, Chatrapur issuing temporary injunction against the Petitioners from entering upon the suit land.

(2.) The opposite party instituted a suit against the Petitioners in the court of the learned Munsif, Kodala for a decree of permanent injunction claiming title and possession as the hereditary trustee/Archak in respect of Ac.0.92 of suit land belonging to deity Kanakeswar Mohaprabhu, Bije at, village Kanaka. According to his case, he was the adopted son of late Kusa Mali alias Krushna Mohapatra, indisputedly the hereditary trustee/Archak of the deity. During the pendency of the suit he prayed for temporary injunction to restrain the Petitioners from entering upon the suit land and disturbing his possession. Petitioner No. 1, the main contestant of the suit, denied that the opposite party had any vestige of title or possession in respect of the suit land. He also seriously disputed his adoption by the hereditary trustee/Archak, late Krushna Mohapatra. His case was that late Krushna Mohapatra and his brother, Naba Mohapatra were the hereditary trustees/Archaks of the deity Kanakeswar Mohaprabhu, Bije at village Kanaka and as such were in possession of the suit (sic) and other lands belonging to the deity. Even before the birth of the opposite party, late Krushna Mohapatra went away to Rangoon and was unheard of. Therefore, his wife remarried the younger brother, Naba Mohapatra and begot two daughters one of whom was married to Petitioner No. 1, who lived in the house of his father-in-law as illatom son-in-law and remained in possession of the suit and other lauds of the deity for performance of Seva Pooja.

(3.) The learned Munsif refused to issue temporary injunction against the Petitioners. In appeal, however, the learned Subordinate Judge found that all the ingredients of Order 39, Rule 1, Code of Civil Procedure were satisfied and so while reversing the order of the trial court, he issued temporary injunction against the Petitioners.