MANASI PANIGRAHI Vs. UMESH CHANDRA JENA

JUDGEMENT

(1.) Plaintiff has filed this revision. Title Suit No. 402/97 was filed by the petitioner for declaration of title and possession and for injunction in respect of 'A' Schedule property. The 'A' Schedule property consists of three plots, namely, M.S. Plot No. 852/1436 (Ac. 0.26 dec.) of Khata No. 394; M.S.Plot No. 852 (Ac. 1.39 dec.) and M.S. Plot No. 852/1455 (Ac 0.70 dec.) both of Khata No. 395 in mauza Kharadipal under Jaleswar Tahasil. During the pendency of the suit, an application for injunction was filed. The said application was rejected by the trial Court. Thereafter, the petitioner filed Misc. Appeal No. 34/98 which having been dismissed, the present revision has been filed.

(2.) DURING the pendency of the revision, on 5.5.1998, an order has been passed restraining both the parties not to carry on any permanent construction in respect of Plot No. 852/1436 having an area of Ac.0.36 decimals.

(3.) ON a perusal of the order passed by the appellate Court, it appears that the appellate Court has mainly rejected the appeal on a technical ground as disclosed in paragraphs 13 and 14 of the judgment of the appellate Court. It has been found therein that the appeal and the petition under Order 39, Rules 1 and 2 had been filed by Manasi Panigrahi in her personal capacity.