PRAMOD KUMAR SAHOO Vs. MAGUNI SAHOO BIDI MERCHANT

JUDGEMENT

(1.) IN both these cases, i.e. W.P. (C) No. 11714 of 2004 and FAO No. 385 of 2004, the same order dated 16.10.2004 passed by the learned District Judge, Cuttack in CMA No. 132 of 2004 filed under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure arising out of Original Suit No. 2 of 2004 is challenged. The facts and points of law being common in both the causes, both the matters were heard together and are being disposed of by this common Judgment.

(2.) BEREFT of unnecessary details, the short facts necessary for appreciating the inter se disputes between the parties are that in the year 1975 one Maguni Sahoo (since deceased) had started a hand -made 'Bidi* factory at Baideswar in the district of Cuttack in the name and style of 'MAGUNI BIDI'. Arakshita Sahoo, father of Maguni had two sons, namely, Maguni and Krushna Chandra. Krushna Chandra was born deaf and dumb and he died issueless. One Madhusudan Mohapatra and the present Writ Petitioner/Appellant, namely, Pramod Kumar Sahoo, assert to be the adopted sons of late Krushna Chandra.

(3.) BY efflux of time, certain dissensions cropped up in the family and an Agreement was executed on 27th December, 2002 inter se between Gandei Sahoo, Sushila Kumari Dei, Narasingha, Biswanath, respectively the widow, daughter and two sons of Maguni; and Madhusudan Mohapatra and Pramod Kumar Sahoo, the two sons of Krushna Chandra. The first term in the said Agreement was that 'MAGUNI BIDI' Company would be managed by the parties to the Agreement as they were managing earlier. It was further agreed that Biswanath without establishing a new Bidi business would continue in the management of MAGUNI BIDI Company as he was doing earlier, and all cases initiated against him would be withdrawn. The parties would reveal the accounts of their business every month before Narasingha, Biswanath, Madhusudan and Pramod and get the same scrutinised and approved. The balance amount after meeting all the expenses would be deposited in a Joint Account in the names of Narasingha and Madhusudan, and the parties to the Agreement might withdraw amounts from that Account as per consent of all, the parties. Last, but not the least, it was agreed that all the parties to the Agreement would have the right, title and interest in the aforesaid joint business.