NILAMANI SAHOO Vs. BATA KRUSHNA SAHOO

JUDGEMENT

(1.) This is an appeal directed against a judgment dtd. 29/4/2013 passed by the learned Single Judge dismissing W.P.(C) No. 9534 of 2013 filed by the Appellant, which in turn was directed against an order dtd. 10/4/2013 of the Civil Judge (Junior Division), Kujanga in Civil Suit No.78 of 2009 declining to stay further proceedings in the suit on account of pendency of consolidation proceedings before the Consolidation Officer (CO) under the Odisha Consolidation of Holdings and Prevention and Fragmentation of Land Act, 1972 ('Act').

(2.) At the outset, it must be noted that while directing notice to issue in the present appeal on 26/7/2013 this Court had stayed further proceedings in the aforementioned civil suit. That interim order has continued since.

(3.) The background facts are that the Appellant and the Respondents were the recorded owners of properties in Sabik Khata No.240, Plot No.1142 to an extent of Ac 0.28 decimals in Mouza Balarampur which stood recorded in the name of their ancestors. In the remarks column, a note was made regarding possession.