KRUSHNA CHANDRA BARIK Vs. NIMAI CHARAN PANDA

JUDGEMENT

(1.) THIS Civil Revision is directed against the order dated 21.8.2001 passed by the Addl. District Judge, Jajpur, in T. A. No. 10 of 1998, rejecting petitioner's application praying for abatement of the appeal.

(2.) THE short facts necessary for disposal of this revision application may be stated thus : The father of O.P. No.l Batakrushna Panda, and O. P. No. 2, Nilakantha Panda, filed T. S. No. 183 of 1992 in the Court of the Civil Judge (Senior Division), Jajpur, impleading the present petitioner as defendant No. 1 and O. P. Nos. 3 to 5 as defendant Nos. 2 to 4, for declaration of their right, title, interest and possession over the suit land and further for a declaration that the suit land was part and parcel of the plaintiffs' R. S. plot No. 4948 and not of defendants' C.S. plot No. 2133.

(3.) IN this regard my attention is drawn to a Full Bench decision of this Court reported in 58 (1984) C.L.T. 359: Duruju Mallik alias Duryodhan Swain v. Krupasindhu Swain, wherein it was held thus :