SENIOR DIVISIONAL Vs. MUMTAZ
LAWS(ORI)-2018-11-17
HIGH COURT OF ORISSA
Decided on November 19,2018

SENIOR DIVISIONAL Appellant
VERSUS
MUMTAZ Respondents

JUDGEMENT

D. Dash, J. - (1.)This appeal under section 100 of the Code of Civil Procedure (for short the 'Code ) has been filed questioning the judgment and decree passed by the learned Adhoc Additional District Judge, Fast Track Court, Rourkela in Title Appeal No. 32/41 of 20012002.
(2.)The respondent no.1 as the plaintiff has filed the suit, i.e. Title Suit No. 17/1997 praying for a decree for permanent injunction restraining this appellant (defendant no.1) and respondent no.2 (defendant No.2) from evicting him from the suit-telephone booth situated at Rourkela Railway Station and not to interfere in the possession of the same by the plaintiff.
The suit having been decreed, this appellant as the unsuccessful defendant no.1 suffering from the said decree of permanent injunction restraining it from evicting the respondent No.1-plaintiff from the suit-telephone booth situated at Rourkela Railway Station, had carried an First Appeal under Sec. 96 of the Code. The lower appellate Court having refused to set aside the judgment and decree passed by the respondent no.1-plaintiff, the present appeal has been filed.

(3.)For the sake of convenience, in order to bring in clarity and avoid confusion, the parties hereinafter have been referred to as they have been arraigned in the trial Court.


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