LAWS(ORI)-2008-12-20

ARATIBALA DASH Vs. STATE OF ORISSA

Decided On December 05, 2008
Aratibala Dash Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THIS case has chequered history and only for getting an interim injunction there had been rounds after rounds of litigations though the trial of the suit has not yet commenced.

(2.) THE appellants filed Civil Suit No.72 of 2004 before the learned Civil Judge (Sr. Division), 2nd Court, Cuttack for a declaration of their right of user over the suit property as their approach road from their house to National Highway No.5 and for permanent injunction restraining the defendants/respondents from interfering in their right to use over the suit property. Alongwith the suit an application under Order 39, Rules 1 and 2 CPC was filed for grant of temporary injunction restraining the defendants/respondents from obstructing the passage and the said application was dismissed vide order dated 8.6.2004 with a finding that the plaintiffs -appellants do not have a prima facie case for grant of temporary injunction.

(3.) BEING aggrieved of the order dated 3.2.2006, the appellants -plaintiffs filed Writ Petition No.8331 of 2006 which has been dismissed vide judgment and order dated 22.7.2008. Hence this appeal.