CHAKRADHAR SAHOO Vs. LAXMIDHAR SAHOO AND ORS.

JUDGEMENT

(1.) PLAINTIFF has filed this revision. He has filed Title Suit No. 296/98 for partition claiming one -fifth share in the suit schedule properties and also for permanent injunction seeking to restrain the opposite parties from making any construction over Hal Plot No. 310 measuring Ac. 0.13 decimals and Hal Plot No. 309/805 measuring Ac, 010 decimals.

(2.) THE lower appellate court vacated the order of the trial court on the ground that no prima facie case had been established by the Plaintiff in respect of such plot at the same was purchased by the father of the present Petitioner and opposite parties. The question as to whether such property was the self -acquired property of the father or a joint family property is to be decided on the basis of evidence on record at the time of final disposal of the suit and any opinion on that aspect at the present juncture is likely to prejudice the parties. The counsels for both the parties have advanced lengthy arguments in support of their respective contentions, but it would not be appropriate at this stage to consider these aspects. It appears that order of status quo is operative for quite some time. Keeping in view the nature of dispute, interest of justice would be served by directing that the order of status quo as passed by this Court on 20 -9 -1999 should continue till disposal of the suit. The suit should be disposed of as expeditiously as possible preferably within a period of six months from today. Needless to point out that the suit should be disposed of in accordance with law on the basis of evidence on record without being influenced by any observations made by the trial court or the lower appellate court in the impugned orders or by the fact that an order of status quo has been passed by this Court.