SADASIBA PALEI Vs. SABITRI PATRA

JUDGEMENT

(1.) Heard Mr. A.P. Bose, Learned Counsel for the Appellants & Mr. SK Mishra, Learned Counsel appearing for Respondents.

(2.) Though this appeal has been filed against an Order Dated 1.5.2007 passed by the Learned Civil Judge (Senior Division), Puri in C.M.A. No. 215 of 2005 arising out of C.S. No. 193 of 2006 on an application filed under Order 40 Rule 1 Code of Civil Procedure. by the Plaintiffs for appointment of a receiver during course of hearing of the appeal, it came to light that the suit has been field for partition of the suit property amongst the parties. Admittedly, the suit has been filed after the disputed property came under the consolidation operation pursuant to a notification issued Under Section 4 of the Orissa Consolidation of Holdings & Prevention of Fragmentation of land Act, 1972 (in short 'the Act'). The consolidation authorities have the power to effect partition under the above Act & Section 51 of the Act bars jurisdiction of the Civil Court, which envisages as follows:

(3.) A plain reading of Sub-Section 2 of Section 51 of the Act clearly shows that no Civil Court can entertain any suit or proceedings in respect of any matter which an officer or authority empowered under the Act is competent to decide. Hence, the suit from its inception was not maintainable. However, from the Order Dated 14.2.2007 passed by the Learned Civil Judge (Senior Division), Puri, it appears that the Learned Court below being conscious of the position that the properties are under the consolidation operation instead of holding that the suit is not maintainable & rejecting the plaint under Order 7 Rule 11 Code of Civil Procedure. peculiarly, directed stay of further proceedings in the suit till disposal of the appeal filed under the Act.