PRAMOD CHANDRA RATH Vs. DHRUBA CHARAN PATTNAIK

JUDGEMENT

(1.) PETITIONERS in the above noted Civil Revisions and the Transfer Petition are the respondents Nos. 5,6 and 7 in R.F.A. No. 13 of 2003 which was filed in the Court of District Judge, Cuttack, and after being transferred on 2.4.2003 the same is now subjudice in the Court of 2nd Addl. District Judge, Cuttack. Appellant in the appeal is the opposite party No. 1. The other co respondents of the petitioners are the opposite parties 2 to 5. All the aforesaid petitioners and the opposite parties were parties to the Civil Proceeding registered as Title Suit No. 208/13 of 2002 1998 of the Court of Civil Judge (Jr. Division), 2nd Court, Cuttack. Opposite party No. 1 as the plaintiff had filed that suit. The nature of the dispute and the relief claimed in the suit are not relevant and therefore not noted in this judgment. All the above noted cases having been heard analogously and this common judgment shall abide the result in all such cases.

(2.) THE above noted suit was disposed of on January 30,2003. Trial Court dismissed the suit on contest as against defendant Nos. 1,2,5,6 and 7 (respectively respondents in the same order in the R.F.A. and opposite parties 5 and 2 and the petitioners before this Court) and ex parte against defendants 3 and 4 (respondents in the same order in R.F.A. and opposite party members 3 and 4 before this Court). That appeal was filed on 5.2.2003 by presenting the appeal memo under Order 41, Rule 1, CPC. That order No. 1 dated 5.2.2003 reads as hereunder : 'Memorandum of appeal, appeal memo, put up petition, and certified copy of impugned judgment and decree passed by C.J. (J.D.) 2nd Court, Cuttack in T.S. 208 2002 presented before the Registrar, Civil Court, etc. on 5.2.2003 is put up Register. Seen office note. Office note ready. Copy of the appeal memo served on the advocate for the R 1, 6, 7 & 5 as caveators. Heard the advocates on the question of admission. The appeal is admitted. Issue notice to the R 2, 3 & 4 by both ways fixing 27.3.2003 awaiting S.R. and P.A. Call for the L.C.R.' As it appears from the certified copy of the decree, that decree was prepared, sealed and signed on February 14,2003. The appellant/opposite party No. 1 applied for the certified copy on March 12, 2003 and got the copy on April 13,2003. The decree has already been filed in the appellate Court.

(3.) AS it appears from the L.C.R., on February 18,2003, the present petitioners entered appearance in the appeal and filed their cross objection. On 4th March, 2003 the cross objection was admitted, L.C.R. was received and both appeal and the Misc. Case were adjourned to March 11, 2003 for hearing. On that date also on the application of the appellant notice to respondent Nos. 3 and 4 was dispensed with after hearing the parties. Therefore, the present petitioner sought for stay of the case in view of pendency of the present litigation in this Court and grant of order of stay. Thereafter, the appeal was transferred by the District Judge to the Court of 2nd Addl. District Judge for hearing and disposal according to law.