JOGINDRA PATJOSHI ALIAS PATTAJOSHI Vs. MANAGING COMMITTEE, PANCHAYAT HIGH SCHOOL, CHILIPA, ODISHA AND OTHERS

JUDGEMENT

(1.) This is an application under Order 39, Rule 2-A of the Code of Civil Procedure, 1908 (hereinafter called as "the Code") filed by the appellant to punish the respondents for violating the interim order of status quo dated 18.02.2016 passed by this Court in Misc. Case No.64 of 2016.

(2.) The unshorn details leading to this Misc. case is that the appellant-plaintiff has filed Civil Suit No.66 of 2008 before the learned Civil Judge (Senior Division), Dharamgarh for declaration of gift deed, dated 4.7.1989 as invalid with further declaration of right, title and interest of the plaintiff thereon with consequential relief for confirmation of the possession over the suit land. In short, the story of the plaintiff is that he being owner of the suit land and some villagers executed the gift deed donating the suit land and other land in favour of the respondent No.1-school. Since the school has not utilized the suit land, the plaintiff issued notice to the school to cancel the gift deed executed by him. Since the respondents did not consider the quest of the plaintiff, the suit has been filed.

(3.) Learned trial Court, after learning both parties, dismissed the suit against which the present appellant filed RFA No.22/81 of 2011 before the first appellate-Court, i.e., learned Additional District Judge, Dharamgarh and the first appellate Court, after hearing both parties, has dismissed the RFA No.22/81 of 2011, against which the plaintiff has filed this second appeal before this Court, which has been admitted vide order dated 15.10.2015 after framing substantial question of law.