JAGANNATH PRADHAN Vs. BHANU PRADHAN & OTHERS

JUDGEMENT

(1.) This is an intra-Court appeal preferred by the plaintiff in Title Suit No.46 of 1996 on the file of learned Civil Judge (Sr.Divn.), Aska and opposite party no.1 in M.J.C. No.4 of 1997 before this Court, challenging the order dated 19.04.2002 passed by the learned Single Judge allowing the application filed by defendants no.1 to 4 in the said title suit and petitioners in the aforementioned M.J.C. No.4 of 1997 under Section 24 of C.P.C. in transferring Title Suit No.46 of 1996 from the court of learned Civil Judge (Sr. Division), Aska to the court of learned Civil Judge (Sr.Division), Rourkela for trial along with T.S. 37 of 1994, T.S. 43 of 1996, T.S. 44 of 1996 and T.S. 77 of 1996.

(2.) The brief facts of the case are that late Harihar Pradhan son of late Pandaba Pradhan was a permanent resident of village Ghodapalan, P.S.-Purusotampur, District-Ganjam. He came to Rourkela and did the contract works under the Rourkela Steel Plant and acquired extensive movable and immovable properties out of his own income. He married Jema Pradhan and out of their wedlock only daughter Indira Pradhan was born. Indira was given in marriage to one Sri Surendra Pradhan, and Jagannath Pradhan is their natural born son. Harihar Pradhan had no male issue and after taking consent of his first wife Jema Pradhan, he married Smt. Janaki daughter of Kulpat in the year 1964. He along with his wife Janaki was residing in a house at Power House Road, Rourkela which was purchased in her name. Janaki gave birth two daughters, namely, Renu Pradhan and Sarita Pradhan and one son, namely, Bhanu Pradhan. Therefore, Harihar Pradhan had only one son.

(3.) After hearing learned counsel for the parties and going through the records, learned Single Judge by order dated 19.04.2002 allowed M.J.C. No.4 of 1997 directing transfer of T.S. No.46 of 1996 pending before the learned Civil Judge (Sr.Divn.), Aska to the Court of learned Civil Judge (Sr.Divn.), Rourkela for trial along with T.S. 37 of 1994, T.S. 43 of 1996, T.S. 44 of 1996 and T.S. 77 of 1996.