KHAGENDRA PRADHAN Vs. UMESH CHANDRA MOHAPATRA

JUDGEMENT

(1.) HEARD .

(2.) THIS Civil Revision is directed against the order passed on 10th October, 2001 by the learned Ad hoc Addl. District Judge (Fast Track Court), Balasore in Miscellaneous Appeal No. 33 of 1997. Defendants 1 to 4 are the petitioners before this Court.

(3.) UPON consideration of the documents produced by both the parties and referring to their pleadings learned Civil Judge found a prima facie case of possession in favour of the defendants and accordingly rejected the application under Order XL Rule 1, Code of Civil Procedure (in short the 'Code'). On the contrary, after perusal of the said documents and considering the contention of the parties the appellate Court, though unnecessarily, went in detail to the principle of Hindu Law and the matter relating to inter se alienation but ultimately referring to the relevant fact came to the conclusion that because of several rounds of litigation and different proceedings and the conduct of the parties there is scramble for possession. Accordingly, he passed the following order: '... The learned Civil Judge (Sr. Division), Balasore is directed to put the suit property to auction in between the parties every year and highest bider among the parties should be appointed as receiver and bid amount shall be deposited in the Court.'