KHATIZA BEGUM Vs. K SRINIVAS RAO

JUDGEMENT

(1.) THE plaintiff has filed this appeal challenging the order dated 22.7.2005 passed by the learned Civil Judge (Senior Division), Jeypore in I.A. No. 7 of 2005 rejecting her application filed under Order 39, Rules 1 and 2 of the C.P.C.

(2.) THE case of the plaintiff -petitioner is that late Hazi Yousuf Alli Madani was the owner in possession of 'A' schedule property and after his death, his three sons and three daughters succeeded to the property alongwith his widow, Nurjahan. Two of the sons were unmarried and died and one of the daughters namely, Hussani died leaving behind the plaintiff -appellant as her sole successor. Another daughter namely,

(3.) SHRI Basudev Mishra, the learned Counsel appearing for the appellant challenges the order on the ground that there being no dispute about genealogy, the plaintiff has a prima facie case to succeed before the trial Court. It was also submitted by him that in the event of success, the plaintiff will not be benefited in any way, if the purchasers are permitted to make construction over the suit property and, therefore, the trial Court should have allowed the application.