GOBINDA CHANDRA ROUT AND ORS. Vs. MANAGING DIRECTOR, INDUSTRIAL INFRASTRUCTURE DEVL. CORPORATION, BBSR AND ORS.

JUDGEMENT

(1.) This appeal has been filed against the order dated 4.1.2007 passed by the learned Civil Judge (Senior Division), Bhubaneswar in Interim Application No. 9", of 2005 arising out of C.S. No. 9", of 2006 rejecting the application of the Appellants filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure on contest.

(2.) The brief facts of the case are as follows:

(3.) In the suit they filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure for temporary injunction. Respondent No. 1 filed its objection stating therein that the forefathers of the Plaintiffs were not settled Raiyats under the Raja of Kanika and after the abolition of Zamidari the suit land vested with the State being free from all encumbrances. In the two successive settlement operations, the suit land was recorded in the name of the Government of Orissa and the Government of Orissa transferred the same to IPICOL for Industrial Development and IPICOL had also transferred the suit land to the IDCO in the year 1982 for development of Industrial Estate which is known as Chandrasekharpur Industrial Estate. They further asserted that after the abolition of Zamidari neither Ekpadia was submitted in favour of the predecessor -in -interest of the Plaintiffs showing the suit land to be tenanted land nor has the tenant ledger been opened in the name of the forefathers' of the Petitioners. Hence the Plaintiffs have no right, title and interest over the suit property and therefore their application was liable to be dismissed.