HRUSHIKESH DAS Vs. SHREE SHREE BRUNDABAN JEW THAKURA

JUDGEMENT

(1.) FIVE of the defendants of Title Suit No. 135 of 1997 -I of the Court of Civil Judge (Senior Division), Bhadrak have preferred this revision under Section 115 of the Code of Civil Procedure, 1908 (in short 'the Code') challenging the order passed on 4.8.1999 in rejecting the petition in which petitioners had prayed to record the order of abatement of the suit in view of the provisions in the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short 'the Act').

(2.) THERE is no dispute by the parties to the pleadings from the plaint noted in the impugned order. It appears from that as well as the certified copy of the plaint drafted in vernacular that plaintiffs have filed the suit for partition claiming 1/4th share from certain portions of the suit scheduled land and in that context they sought to get declaration that sale deeds executed on 5.5.71 and 8.7.61 to be void and also they have claimed for the relief under Section 4 of the Partition Act. After taking note of the citations relied on by the parties but accepting contention of the petitioner relating to the consolidation operation having gone to the stage as provided under Section 15 of the Act, learned Civil Judge, following the ratio in the case of Somanath Bhataria v. Purnananda Bhataria and Ors., 1991 (I) OLR 445 rejected the petition. That order is under challenge in this civil revision.

(3.) WHEN the fact noted in the impugned order indicates that the consolidation proceeding had already gone to the stage of Section 15 of the Act, it is not necessary for this Court to enter into the legal controversy as argued by the parties inasmuch as the ratio in the case of Somanath Bhataria (supra) is sufficient to dispose of the Civil Revision. In that case, this Court has held that: