PRAVAKAR SUTAR Vs. KANDURI CHARAN SUTAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for opposite party No. 1.

(2.) This Writ Petition has been filed by the petitioners challenging the order dated 24.8.2011 passed by the learned Addl. District Judge, Kendrapara in Civil Revision No. 1 of 2009 confirming the order dated 09.11.2009 passed by the learned Civil Judge (Junior Division), Kendrapara in T.S. No. 213 of 1999 rejecting the prayer of the petitioners for abatement of the suit.

(3.) On Perusal of records, it appears that opposite party No.1 along with one Banu Sutar as plaintiffs filed T.S. No. 213 of 1999 before the learned Civil Judge (Junior Division), Kendrapara for declaration of right, title, interest and possession and for permanent injunction. During pendency of the suit plaintiff No. 2 - Banu Sutar died and his legal heirs were not substituted in the suit itself. However, they were parties to the counter claim filed by the defendants. As steps to substitute the legal heirs of deceased plaintiff No. 2 were not taken, the petitioners filed an application before the Court below for abatement of the entire suit. The Court below by order dated 09.11.2009 rejected the said application.