P. Mandal, J. - (1.) This application is at the instance of the Petitioner and is directed against the orders dated February 14, 2008 and March 13, 2008 passed by the learned Civil Judge (Junior Division), Haldia in Title Suit No. 235 of 1993 thereby granting the prayer for analogous hearing of this suit along with the other suit being Title Suit No. 3 of 1994.
(2.) The short fact is that the Petitioner as Plaintiff instituted a title suit being Title Suit No. 235 of 1993 on October 7, 1993 in the Court of the learned Civil Judge (Junior Division), Haldia for declaration of title and permanent injunction against the opposite party in respect of 13 decimals of land out of 52 decimals of land in R.S. Plot No. 422/510, Khatian No. 108/1 within Mouza -Brajanath Chawk under Police Station - Haldia. The Petitioner has contended that the total 52 decimals of land in the plot in suit originally belonged to one Himangshu Sekhar Maity who transferred the said land by a registered deed dated February 14, 1966 to one Bijay Krishna Sahoo and the said Bijay Krishna Sahoo subsequently transferred 26 decimals of land out of the said 52 decimals of land in the western side to the opposite party No. 2 and he also transferred the rest 26 decimals of land in eastern part of the said plot in suit in favour of the opposite party Nos. 1 and 3 herein in equal share by way of registered deed of sale dated May 28, 1980. He delivered possession of the said land in favour of the vendees. Thereafter, the opposite party Nos. 1 & 3 amicably partitioned their respective portion and they are in exclusive possession of their lands. Then, the opposite party No. 3 transferred his portion of the said land in favour of the Petitioner by way of three registered deeds of sale and gave up possession thereof in favour of the Plaintiff. The Plaintiff has mutated his name accordingly. The L.R. record has been prepared in his name under Plot No. 422/628. The opposite party who is in possession of the eastern side of the plot in suit, tried to grab the land in suit of the Plaintiff and for that reason, the Plaintiff has filed the instant suit.
(3.) On the other hand, the opposite party No. 1 filed a title suit being Title Suit No. 3 of 1994 against the opposite party No. 3 herein before the learned Civil Judge (Junior Division), Haldia for specific performance of contract for sale and permanent injunction in respect of the plot which has been purchased by the Petitioner on the pretext that the opposite party No. 3 executed an agreement for sale of the land in suit so held accordingly and an amount of Rs. 13,000/ - was taken as an advance on October 18, 1992. Thus, two suits are pending over the selfsame property. The Title Suit No. 3 of 1994 was dismissed for default on July 2, 2004. The opposite party No. 1 did not take any step under Order 9 but filed an application under Sec. 151 of the Code of Civil Procedure for restoration of the said suit on December 10, 2004 and the said suit was restored subsequently by disposal of the said application under Sec. 151 of the Code of Civil Procedure;