SUNAMANI BEWA Vs. BRAJABANDHU PATNAIK

JUDGEMENT

(1.) Defendants 2, 3, 4 and 12 are the petitioners in the present Civil Revision against the order of the learned District. Judge, Puri in Title Appeal No. 25 of 1992 rejecting the petitioners' application for an order declaring that the suit as well as the appeal abates in view of Section 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972.

(2.) THE short facts giving rise to the present case is that the opp. parties 1 to 19 in their representative capacity as villagers of the suit village, filed a suit, O.S. No. 23/39 of 88/83 -I in the Court of the learned Additional Sub -Judge, Puri for declaration of their title over the suit tank and for permanent injunction restraining the defendants from interfering with their possession. The learned trial Court framed as many as 12 issues and decreed the suit as against which the petitioners filed Title Appeal No. 25 of 1992 before the learned District Judge, Puri.

(3.) THE learned lower Appellate Court having found that in effect, the prayer for declaration of title over the suit land made by the plaintiff was dependant upon determination of the nature of the saie deed (Ext. 5) which the defendant assail to be a voidable document and on consideration of the relevant decisions, the learned District Judge, Puri has held that the suit is neither barred under Section 51 of the CPC nor the suit or the appeal liable to abate under the provision of Section 4(4) of the Consolidation Act.