PRAHALLAD BHOL Vs. JAGANNATH MAHAPRABHU BIJE

JUDGEMENT

(1.) The instant challenge is to lacinate the order dated 30.3.2005 passed by the learned Civil Judge (Senior Division), Puri in T.S. No.43/330 of 2004/2000. By the said order, the learned trial court dismissed the application filed by the petitioner to stay the further proceeding of the suit till disposal of O.E.A. Appeal No.5 of 2001.

(2.) The petitioner as plaintiff filed a suit for declaration of occupancy right, confirmation of possession and for permanent injunction restraining the defendants from creating any disturbance in the suit schedule land in the court of learned Civil Judge (Senior Division), Puri, which is registered as T.S. No.43/330 of 2004/2000. Admittedly, the suit schedule property stands recorded in the name of Shri Jagannath Mahaprabhu with intermediary status in the record-of-right. In O.E.A Case No.270 of 2000 filed by the Administrator, Shri Jagannath Temple, the petitioner had filed an objection before the Estate Abolition Collector-cum-Tahasildar, Puri, stating therein that he had acquired rayati right over the suit land. The Estate Abolition Collector settled the land in favour of Shri Jagannath Mahaprabhu marfat Parichalana Committee. Challenging the same, the petitioner filed O.E.A Appeal No.5 of 2001 before the Sub-Collector, Puri.

(3.) While the matter stood thus, the petitioner filed an application, vide Annexure-1, in the court of the learned trial court to stay further proceeding of the suit till disposal of O.E.A Appeal No.5 of 2001. The opposite party no.2, who is defendant no.2, filed an objection to the same. By order dated 30.3.2005 the learned trial court rejected the application.