KANHU @ KANHU CHARAN SWAIN Vs. BALMIKI @ BALUNKI ROUT

JUDGEMENT

(1.) HEARD Learned Counsel for the parties.

(2.) ORDER Dated 12.5.2008 passed by the Learned Civil Judge (Junior Division), Nimapara in C.S. No. 23 of 2007 rejecting the petition filed by the present Petitioner to stay the suit pending disposal Consolidation Misc. Appeal No. 12 of 2005 before the Deputy Director, Consolidation, Puri has been assailed in this writ application.

(3.) LEARNED Counsel for the Petitioner submits that since the Commissioner without deciding the revision on merits remanded the same to the Consolidation Officer, the decision of the Consolidation Officer must be deemed to be one under Section 10 of the Act.