- (1.) Assailing the order dated 4.2.2008 passed by the learned Civil Judge (Senior Division), Balangir in C.S No.29 of 2004, the instant petition has been filed under Article 227 of the Constitution of India. By the said order, the learned trial court rejected the application of the defendants to stay further proceeding of the suit till disposal of Jhankri Case No.51 of 1994 pending before the Tahasildar, Tusura.
(2.) Satya Mallik predecessor-in-interest of the opposite parties as plaintiffs laid C.S. No.29 of 2004 in the court of learned Civil Judge (Senior Division), Balangir for permanent injunction impleading the present petitioners as defendants. Pursuant to issuance of summons, defendants entered appearance and filed written statement denying the assertions made in the plaint. While the matter stood thus, the defendants filed an application to stay further proceedings of the suit till disposal of Jhankri Case No.51 of 1994 pending before the Tahasildar, Tusura. It is stated that the plaintiff has filed a case claiming Jhankar of village Chantimunda. He was performing Seva Puja of the deity. The suit land was allotted to him in Jhankri Case No.912 of 1965-66. Defendant no.1 was appointed as Marfatdar of the deity pursuant to the order of the Tahasildar, Tusura in Bebandobasta Case No.51/94. He was directed to perform Seva Puja of the deity. The plaintiff preferred an appeal being OLR Appeal No.11/03 before the A.D.M., Bolangir. By order dated 31.5.2005 the appeal was disposed of and the case was remanded to the Tahasildar for fresh disposal. With the factual scenario, the petition has been filed.
(3.) The plaintiff filed objection stating that the original plaintiff was performing Seva Puja of the deity. There is no need to stay the further proceeding of the suit since Jharnkari proceeding has no bearing on the result of the suit.;