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1985 DIGILAW 407 (ORI)

PRAMILA KUMARI MOHANTY v. SUJAN CHARAN LENKA

1985-11-28

D.P.MADON, V.D.TULZAPURKAR

body1985
ORDER 1. Respondent having appeared through counsel on a caveat, we grant leave to appeal. 2. After considering the matter fully and after hearing the arguments advanced at the bar, we are of the view that the High Court ought not to have interfered with the interlocutory order of injunction passed by the trial Court and confirmed by the District Court, based on concurrent finding of fact as to possession. We set aside the impugned order of the High Court dated September, 11, 1985 and confirm the interim injunction granted by the trial Court and confirmed by the District Court and direct that the said injunction should operate till the disposal of the suit by the trial Court. 3. The appeal is disposed of accordingly. No costs. 4. The appeal above-mentioned being called 'On for hearing before this Court on the 28th day of November, 1985, UPON hearing counsel for the parties herein, THIS COURT DOTH in disposing of the appeal ORDER (1) THAT the judgment and order dated the 11th September, 1985, of the High Court of Orissa at Cuttack in the Civil Revision No. 486 of 1985, be and are hereby set aside, and in place thereof an order confirming the interim injunction granted by the trial Court, viz., the Court of the Subordinate Judge. Jagatsinghpur, by its order dated the 30th April, 1985, in the miscellaneous Case No. 24 of 1985. confirmed by the Court of the second Additional Judge, Cuttack, by its order dated the 1st August, 1985, in the miscellaneous Appeal No. 70 of 1985. and directing that the above-said injunction shall operate till the disposal of the suit being the Title Suit No. 19 of 1985, by the Trial Court above mentioned, be and is hereby substituted, AND THIS COURT DOTH FURTHER ORDER that this ORDER be punctually observed and carried into execution by all concerned. 5. WITNESS the Hon'ble Sri. Prafulla Chandra Natavarlal Bhagwati. Chief Justice of India at the Supreme Court, New Delhi, dated this the 28th day of November, 1985. There shall be no order as to costs of this appeal in this Court. 6. Appeal disposed of.