BALUKESWARA MAHADEV Vs. BRAJESWARI MOHAPATRA

JUDGEMENT

(1.) Appeal though this matter was listed today for admission, with the consent of the learned counsel for the parties, the appeal was taken up for hearing and final disposal.

(2.) Heard Shri S. Misra for the appellants and Shri K. R. Mohapatra for respondent No. 1 and Shri A. K. Rath for respondent No. 2, i.e. the Commissioner of Endowments.

(3.) This appeal under Section 44(2) of the Orissa Hindu Religious Endowments Act, 1951 (in short the Act) is directed against the judgment passed by the Deputy Commissioner of Endowments, Orissa, Bhubaneswar, in F.A. No. 8 of 1997, reversing the judgment dated 30-12-1996 passed by the Addl. Asst. Commissioner of Endowments, Sambalpur, in O.A. No. 4 of 1995 and remanding the matter to him for a fresh disposal in accordance with the provision of law from the stage of issuance of the notice under Order 1, Rule 8 of the Code of Civil Procedure, (C.P.C. in short).