PRAFULLA KUMAR SWAIN Vs. KALANDI KANDI AND ORS.

JUDGEMENT

(1.) This writ petition has been filed assailing the order dated 29.11.2008 passed by the Civil Judge (Junior Division) Nimapara in C. S. No. 96 of 2006.

(2.) Short background of the case is whether the suit for permanent injunction is to abate or stayed during pendency of the proceeding under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the OCH & PFL Act, 1972').

(3.) Pending Civil Suit for permanent injunction at the instance of the petitioner, a proceeding was initiated under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972. It is at this stage, the defendants filed an application under Section 51 of the OCH & PFL Act, 1972 for stay or to dismiss or to abate the suit on the grounds stated therein. In filing the application, the defendants contended that in view of clear bar under Section 4 (4) of the Act, 1972, read with provision contained in Section 51 of the Act, 1972 adjudication of such nature of suit should abate or stayed in view of the pendency of the proceeding under the Act, 1972.