GOURIMANI AND ORS. Vs. NARAYAN TRIPATHY AND ORS.

JUDGEMENT

(1.) The State of Odisha being aggrieved by the final decree passed by the learned Additional Civil Judge (Senior Division), Puri in O.S. No. 65 of 1966 had filed appeal i.e. T.A. No. 54 of 1995. The State had also filed twenty (20) more appeals calling in question the decrees passed in twenty (20) separate suits which were disposed of in Lok Adalat in terms of compromise between the parties therein where State of Odisha was not a party and as all those decrees had been given due weightage and recognition in the said final decree passed in O.S. No. 65 of 1966. The appeals were filed in the court of learned District Judge, Puri. All those appeals having been allowed by separate judgments passed on 27.6.2002, twenty one (21) numbers of second appeals have been filed before this Court by the respective respondents as better described in the table provided here in below:- <FRM>JUDGEMENT_34_LAWS(ORI)10_2015.html</FRM>

(2.) Out of the above appeals, the appeals as indicated in serial nos. 3, 4, 6,9,14, 16 and 18 have been dismissed as abated on account of death of respective appellants and for non-substitution of their legal representatives in time by rejecting the highly belated move for said substitution of legal representatives in refusing to setting aside the abatement by condoning the delay by detail order passed on 4.8.2015.

(3.) Dinabandhu Puspalak who is appellant no. 7 here as the plaintiff had filed Title Suit No. 65 of 1966 in the court of Subordinate Judge, Puri (as it was then) against other co-sharers of Puspalak family i.e. present appellant nos. 1 to 6 arraigning them as defendants. The suit was for partition of their joint family property. At that time Chapter-IV of the Odisha Land Reforms Act concerning the fixation of ceiling and vesting as well as disposal of ceiling surplus land had not come into force. In the said suit on 7.4.1967, preliminary decree was passed. The Chapter IV of the OLR Act relating to fixation of ceiling limit as well as vesting of ceiling surplus land and their disposal came into force on 26.9.1970. Sometime in the year 1975, the plaintiff filed a petition for making the preliminary decree final. In that year itself proceeding for declaring ceiling surplus land in respect of the suit land belonging to the Pushpalak family under Section 40 (A) of the OLR Act was initiated. That very initiation of the ceiling proceeding was challenged by the members of the Puspalak family by carrying writs to this Court in OJC Nos. 1957-1963 of 1975. Said batch of writs were disposed of with the direction that the ceiling proceeding would not proceed till conclusion of the final decree proceeding. Thereafter, on 10.4.92, the State of Odisha represented by Collector, Puri filed an application in the said Title Suit No. 65 of 1966 seeking leave to be impleaded as a party. However, the said petition stood rejected by order dated 15.10.92. This Court then by order dated 22.4.94 considering the submission that since the final decree proceeding is under the control of the members of the Pushpalak family and that they have been unnecessarily dragging on the disposal of the said proceeding taking advantage of the order of this Court as above, passed an order that the final decree proceeding of Title Suit No. 65 of 1966 if not completed by 31.7.1994, the ceiling cases would continue for disposal on their own merits.