GOPAL JEW THAKUR BIJE NIJAGRUHA Vs. KIRANABALA DAS

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, challenge is made to the order dated 13.2.2008 passed by the Additional Civil Judge (Sr. Divn.), Balasore in C.S. No.741 of 1998-I. By the said order, learned trial court rejected the petition filed by the defendants under Section 10 C.P.C. to stay the further proceeding of the suit till disposal of A.H.O. No.62/93.

(2.) The opposite party along with others laid T.S. No.20/20 of 1973-74 for partition. The same was decreed preliminarily on 22.12.1977. The predecessors of the defendant nos.2 to 10, who were defendants, filed First Appeal No.96 of 1978 before this Court. The same was dismissed on 9.2.1983. Thereafter they have filed A.H.O. No.62 of 1993 challenging inter alia the judgment passed in First Appeal No.96 of 1978. The same is pending. While the matter stood thus, the plaintiff no.1 in T.S. No.20/20 of 1973-74 filed a suit for declaration that the 'Kha' schedule property is the joint property of plaintiffs and defendants and for permanent injunction restraining the defendants from interfering with the possession of the plaintiffs. The defendants filed an application under Section 10 C.P.C. to stay the further proceeding of the suit till disposal of A.H.O. No.62 of 1993. The same was rejected by the learned trial court on 13.2.2008.

(3.) Heard Mr. G.D. Kar, learned counsel for the petitioners and Mr. A. Routray, learned counsel for the opposite party.