ANANDA MAHAPATRA Vs. BIJAY MAHAPATRA

JUDGEMENT

(1.) This intra-Court appeal has been preferred by the appellant challenging judgment dated 31.08.2012 passed in W.P.(C) No. 25031 of 2011, whereby the learned Single Judge has, while declining to entertain the writ petition, dismissed the same by applying the principle underlying under Rule 1 Order 23 of the Code of Civil Procedure, 1908 (for short 'CPC').

(2.) The factual matrix of the case, as is borne out from the records, is that "Sri Ladukesh Mohesh Bije", Sarankul is managed by the Nayagarh Debottar. Banchanidhi Mohapatra was the recorded hereditary 'Mali Sebasee' (priest) of the said deity and in that capacity he was enjoying some properties of the deity in lieu of rendering 'sevapuja'. Banchanidhi Mohapatra had a daughter, namely, Dukhi, who married to the present appellant. Respondent no.1 is the adopted son of Banchanidhi Mohapatra. In Title Appeal No.2 of 1989 {arising out of O.S. No.35 of 1974 (1)} the status of respondent no.1, as adopted son, was declared and the same was confirmed by this Court in Second Appeal.

(3.) On the basis of an application filed by respondent no.1 before the Executive Officer, Debottar, Nayagarh, which was registered as D. Misc. Case No. 14 of 1991 to appoint him as 'Mali Sebasee' of the deity "Sri Ladukesh Mohesh Bije" by order dated 19.12.1992 the Sub-Collector-cum-Executive Officer allowed 50% sevayati right in favour of respondent no.1 and the rest 50% in favour of Dukhi, the daughter of Banchanidhi Mohapatra.