SRI RAGHUNATHA SAHU Vs. SRI BABAJI CHARAN SAHU

JUDGEMENT

(1.) Heard Sri Mishra, learned counsel for the petitioners.

(2.) This matter arises out of impugned order refusing to grant stay of a suit for injunction pending disposal of the Revision Case No. 485 of 2014 before the Commissioner of Consolidation. Considering the application of the petitioner, the trial Court taking into certain decision of this Court refused to entertain the application thereby rejected the application for stay of the suit. There is no denial to the fact that the suit was involved with only injunction and there is no involvement of right, title and interest of the suit property. In similar circumstance, this Court even in a Division Bench decision considering the conflicting decision of this very Court on the self same issue decided holding that the suit for injunction is not a bar in pendency of a proceeding under the Orissa Consolidation of Holdings and Prevention of Fragmentation Act, 1972.

(3.) Learned counsel for the petitioner while arguing the matter relied upon a decision rendered in the case of Netrananda Behera v. Khetrabasi Behera, 2010 (2) OLR 379 and contended that the case of the petitioner is squarely covered by the decision and, therefore, the trial Court judgment should be interfered with.