MANJULA ROUTRAY Vs. NIRUPAMA SAHU

JUDGEMENT

(1.) THIS appeal is directed against the order dated 23.11.2005 passed by the Civil Judge (Sr. Division) 1st Court, Cuttack in I.A. No. 291 of 2005 rejecting the application of the plaintiff -appellant filed under Order -39, Rules 1 and 2 of Code of Civil Procedure to restrain the respondent from making any construction over the suit land till disposal of the suit.

(2.) THE case of the appellant is that she is the owner in possession of the suit land having right, title and interest over the same. The further case of the appellant is that the land has been recorded in the name of her late husband in the consolidation R.O.R. as well as settlement R.O.R. covering an area of Ac.0.038 decimals. Taking advantage of the entry in mutation R.O.R. in respect of plot No. 681 as Ac.0.022 decimals construction work is being taken up. The further case is that the respondent managed to get nine decimals of land recorded in respect of plot No. 681 and has managed to mutate the same in her favour and is trying to take up new construction on the nine decimals of land. On the above ground, the suit was filed and application for injunction was also filed.

(3.) THE learned Civil Judge (Sr.Division), Cuttack on analysis of the documentary evidence produced before him, rejected the petition for injunction.