(1.) Original Suit No. 5 of 2020 was filed before the learned Civil Judge (Senior Division), Senapati, by the respondents herein for declaration of their title over the suit land and the consequential relief of possession, by evicting the defendant and demolishing the existing structures standing on the suit land. They also filed Judl. Misc. Case No. 8 of 2021 in the suit under Order 39 Rule 2 CPC for an injunction restraining the defendant from receiving the compensation in relation to the suit land in the context of the expansion/extension of National Highway No. 37.
(2.) However, by order dtd. 25/8/2021, the learned Civil Judge (Senior Division), Senapati, held that the injunction petition was premature and dismissed the same.
(3.) Aggrieved thereby, the plaintiffs in the suit filed Misc. Appeal Case No. 1 of 2021 before the learned District Judge, Senapati.