LAWS(ORI)-1995-8-18

RAMA CHANDRA PANI Vs. KESHAB CHANDRA PANDA

Decided On August 25, 1995
Rama Chandra Pani Appellant
V/S
Keshab Chandra Panda Respondents

JUDGEMENT

(1.) IN a suit for partition and for relief under Section 4 of the Partition Act, 1893 (in short, the 'Act') prayer was made for injuncting opposite parties herein, defendants in the suit, from entering upon the suit land. Learned Civil Judge (Junior Division) Jajpur rejected the prayer and vacated ex parte order of injunction passed earlier. In appeal, learned Addl. District Judge, Jajpur upheld the order.

(2.) THE case of parties in short is as follows :

(3.) ACCORDING to Mr. S. Ch. Ghose, learned counsel for petitioner, purchasers being strangers should not be allowed to invade privacy of petitioner and even if vendors of opp. parties were co -sharers, option was available to the petitioner for purchase, and those aspects have not been kept in view of Courts below. Learned counsel for opp. party No. 1 supported orders of the Courts below.