IFTIKHAR IMAM MALLICK Vs. MEHROON NISHA

JUDGEMENT

(1.) In this petition, the petitioner challenges the order dated 20.1.2014 passed by the learned Additional District Judge, Jharsuguda in R.F.A. No. 20 of 2009 rejecting the prayer to stay the appeal till disposal of Nazul Case No. 229 of 2009 pending before the Tahasildar, Jharsuguda.

(2.) The facts leading to the present case are as follows:

(3.) Similarly, the opposite party, who is in possession of another portion of tenanted area, filed an application for settlement of the land, which was registered as Nazul Case No. 257 of 2009. Though the application of the opposite party was subsequent to the petitioner, however, her application was allowed by the Tahasildar and confirmed by the Sub-Collector without hearing the petitioner. The petitioner knowing the said fact has filed Nazul Appeal No. 10 of 2012 before the Sub-Collector, Jharsuguda under Section 7 of the OGLS Act challenging the aforesaid settlement in favour of opposite party. The said appeal is still pending. The petitioner has a very fair chance of success in the said appeal as the land is a nazul land and he is in possession of the same for more than the statutory period. Accordingly, he has filed an application in R.F.A. No. 20 of 2001 to stay the appeal till disposal of the Nazul Appeal No. 10 of 2012 and Nazul Case No. 229 of 2009.