GOLEKHA BEHARI SENAPATI Vs. DEBDAS MANSINGH

JUDGEMENT

(1.) The order dated 10 -10 -2006 passed by the Learned Ad hoc Addl. District Judge, FTC -IV, Bhubaneswar in Interim Application No. 19 of 2006 arising out of Title Suit No. 69 of 1999 is assasiled in this Writ Petition by the Plaintiff in that suit under Order 43, Rule 1(r) of the Code of Civil Procedure.

(2.) ADMITTEDLY the Petitioner has filed the aforesaid Title Suit with the following prayer:

(3.) THE aforesaid submissions of Mr. Mohanty are strongly repudiated by Mr. S.P. Misra, Learned Senior Advocate appearing for the Defendant -Opposite parties. According to him the sale deeds executed lis pendens are not ab initio void and some right accrues to the purchasers, although the same will be subject to result of the suit and shares of the parties carved out in the suit. Mr.Misra further submitted that plot No. 350 which is the subject matter of the suit has a vast area and Defendant No. 11 has purchased only a small portion thereof. She is also the owner of adjoining land being plot No. 351 and is running a Petrol Pump thereon after entering into necessary agreement with the concerned Oil Company and others. She only intends to fill up the land purchased by her appertaining to plot No. 350 and raise some minor structures thereon with the sole purpose of providing egress and ingress of customers to the Petrol Pump. According to Mr. Misra, in the event the Plaintiff succeeds in the suit, the lands appertaining to plot No. 350 being vast, no prejudice would be caused to him as there will be no difficulty to allot his share from out of the said plot. In the aforesaid circumstances Mr. Misra submitted that it is a fit case where no restraint order against the Petitioner may be passed and the impugned order of the Court below may not be interfered with by this Court.