DUSMANTA KU SAHOO Vs. RAJ KISHORE SAHOO

JUDGEMENT

(1.) In this writ application, the Petitioners have challenged the order dated 31.10.2007 passed by the learned Ad hoc Addl. District Judge, Fast Track Court No. I, Cuttack in F.A.O. No. 98 of 2007 confirming the order dated 27.8.2007 passed by the learned Civil Judge (Junior Division), 1st Court, Cuttack in C.M.A. No. 92 of 2007 (arising out of T.S. No. 187 of 2001).

(2.) The facts as narrated in the writ application are as follows:

(3.) The Defendants filed their written statement traversing the allegations made by the Plaintiffs and stated that in the Hal Settlement, the recorded area of the Plaintiffs had been enhanced by Ac.0.018 decs. However, the Plaintiffs were only entitled to Ac.0.080 decs, as per Sabik R.O.R. The excess land belonged to the Defendants and the same had been amalgamated in the suit plot of the Plaintiffs and other plots for which the Defendants preferred Revision Petition for correction of ROR in respect of the aforesaid Ac.0.018 decs. which was pending before the Commissioner, Settlement & Land Records, Cuttack. Therefore, they prayed for dismissal of the suit.