ALAKA @ ALAKANANDA MOHAPATRA Vs. BISHNUPRIYA MOHAPATRA

JUDGEMENT

(1.) This is an application under Sec. 24 of the Civil Procedure Code for transfer of Civil Suit No.359 of 2009-I instituted in the court of learned Civil Judge (Senior Division), Balasore to the court of learned Civil Judge (Senior Division), Bhadrak and to try the same analogously with Civil Suit No. 48 of 2005.

(2.) The petitioner no.1 and opposite party no.1 claim to be the wives of late Madhabananda Mohapatra. The petitioner no.1 and her son laid a suit in the court of learned Civil Judge (Senior Division), Bhadrak for declaration that the plaintiffs and the defendant no.3 are only the legal heirs and successors of deceased Madhabananda Mohapatra and the defendant nos.1 and 2 (opposite parties 1 and 2) are not the legal heirs and successors of late Madhabananda Mohapatra, which is registered as Civil Suit No.48 of 2005. Opposite parties 1 and 2 as plaintiffs instituted another Civil Suit No.359 of 2009-I in the court of learned Civil Judge (Senior Division), Balasore for declaration that they are entitled to receive the matured LIC amount of the deceased being the nominee; with further prayer to restrain defendant nos.1 and 2 (petitioners) from creating any obstruction for disbursement of the schedule amount. In both the suits, parties are common and issues are almost identical. The main issue in both the suits is whether plaintiffs in Civil Suit No.48 of 2005 or the plaintiffs in Civil Suit No.359 of 2009-I are the legal heirs and successors of late Madhabananda Mohapatra.

(3.) Heard Mr. Gautam Mishra, learned counsel for the petitioners and Mr. Amit Prasad Bose, learned counsel for the opposite parties 1 and 2.