Heard Mr.Tapas Ranjan Mohanty, learned counsel for the appellant and Miss S.Mishra, le
arned Additional Standing Counsel for the State appearing for the respondents.
2. This appeal is directed against order dated 07.09.2007 passed by the Ad hoc Additional
District Judge (FTC No.2), Bhubaneswar in I.A. No.573 of 2002 arising out of C.S. No.76/39/67
5 of 2007/2004/2002, wherein he has rejected the application filed by the plaintiff under Ord
er 39 Rules 1 and 2, read with Section 151, CPC.
3. Case of the plaintiff is that the suit property is a part and parcel of Sabik plot No.
2573 corresponding to Hal Khata No.1176,Plot No.9/2573 measuring an area of Ac.0.105 decimal i
n Mouza: Nayapalli, Bhubaneswar, district: Khordha. The suit plot is adjacent to the plot of t
he appellant, which is a government land recorded in the name of General Administration Depart
ment. The plaintiff/appellant applied for allotment of a part of the land of the size 125 x 65
in her favour for construction of a Hotel after getting assurance from the Central Bank of In
dia for extension of loan facility for the same. However, an encroachment case bearing OPP Cas
e No.75/80 was initiated against her. When her prayer for settlement of the land was not adher
ed to, she filed the suit for declaration right, title and interest, and for permanent injunct
ion and for other consequential relief. Along with the plaint, she filed an application to res
train the defendant/respondent from disturbing her possession over the suit land.
