High CourtsSingle Bench(2022) 02 OHC CK 0015

Rasmita Nayak And Another vs Sushanta Kumar Ray

Orissa High Court · Decided on 2 February 2022

HON’BLE JUDGES
Arindam Sinha, J
RESULT
Disposed Of
CASE NUMBER
CMP No.5 Of 2022

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Judgment

13 paragraphs · 179 words

Arindam Sinha, J

I.A. No.6 of 2022

1.

Mr. Mohanty, learned advocate appears on behalf of petitioners and submits, impugned is appellate order dated 24th November, 2021 restraining his

client for entering into suit land, thereby allowing the injunction application of plaintiffs. He draws attention to paragraph-9 in impugned order to submit,

specific case made out by his client was in paragraph-5 of the objection. Land claimed by plaintiffs is separate from that of his client. The order should

be set aside as illegal or as had been passed with material irregularity.

2.

It is noticed that there is endorsement of defect being omission to furnish photocopies of the certified copies filed. Petitioner will remove the defect

in the meantime.

3.

Issue notice along with this order on opposite party. Petitioners will put in requisites. Opposite party is to explain as to how injunction petition can be

made in a suit without impleading all parties to it.

4.

List on 16th February, 2022. Impugned appellate order will remain stayed till next date.

5.

I. A. is disposed of.

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