BHABADEUTI SAHOO Vs. SUKANTA BEHERA & OTHERS

JUDGEMENT

(1.) This Civil Miscellaneous Petition has been filed at the instance of defendant no.12, the petitioner herein assailing the order dated 7.3.2017 passed by the learned Civil Judge (Senior Division), Kujanga in CMA No.12 of 2016 arising out of Civil Suit No.3 of 2013

(2.) Short background involved in the case is that the plaintiff-opposite party no.1 filed Civil Suit No.3 of 2013 in the Court of Civil Judge (Senior Division), Kujanga for declaration of his right in respect of Ac.0.31 ½ decimals of property out of Hal Khata No.597, Hal Plot No.1348, area Ac.0.36 decimals out of Ac.0.72 decimals from a huge patch of Ac.7.23 decimals corresponding to Sabik Khata No.31 , Sabik Plot No.1432, area Ac.07.23 decimals. Leaving apart the details of the case of plaintiff as well as defendant in contest, as the same is not necessary for the purpose of determination of the case at hand, this Court only takes up the relevant factors necessary for effective adjudication of the case which reads hereinunder.

(3.) Basing on the direction of this court, defendant-petitioner in compliance of the said direction, filed necessary undertaking in the trial court. On acceptance of the undertaking filed by the defendant-petitioner, the trial court directed the petitioner to proceed with the construction over the disputed property. While the position stood thus, plaintiff-opposite party accompanied with 30 to 40 antisocial persons armed with deadly weapons not only came to the spot but also attempted to stop the construction work threatening the petitioner with dire consequence. Finding no other alternate, the petitioner was constrained to file F.I.R. on 9.10.2015 before the I.I.C. Lock Police Station registered as P.S. Case No.143 of 2015 and a case has been registered against the plaintiff-opposite party for alleged commissioning of offence under Sections147,148,149,447,294/506 of the Indian Penal Code. Since the position did not improve in spite of police case, the petitioner was constrained to file the petition before the trial court for rendering necessary police help for effective implementation of the order passed by the lower appellate court and being confirmed by this Court. The Misc. Case was registered as C.M.A.No.89 of 2015. The Misc. Case was also disposed of on contest by the trial court by order dated 16.12.2015 observing as follows: