BIRA ALIAS BIRABARA NAIK Vs. SHANTILATA PRADHAN

JUDGEMENT

(1.) THE order of remand passed by learned Ad hoc Addl. District Judge, Fast Track Court, Champua in R.F.A. No. 2/29 of 2004 -03 is under challenge in this appeal.

(2.) THE present respondent as plaintiff filed Title Suit No. 9 of 1997 in the Court of Civil Judge (Sr. Division), Champua for declaration or her right title over the suit land and confirmation of possession or alternatively for recovery of possession of that land and also for issue of permanent injunction restraining the defendants from demolishing the house constructed over the suit land. The case of the plaintiff -respondent was that she purchased Ac.0.08 decimals of land from Plot No. 159 and Ac.0.01 decimal from Plot No. 160 of Khata No. 12/12/202 of village Champua from one Basanti Kumari Patnaik under registered sale deed No. 160/92 for consideration of Rs. 24,000/ - on 17.2.1992 and came into the possession of that land, but when she tried to raise a compound wall and a house thereon the defendant -appellants created trouble over that land on 14. 12.1994. She claimed that there was a criminal proceeding under Section 144 Cr. P.C., but not paying any heed to the restraint order of the Sub -Divisional Magistrate, Champua, the defendants encroached into the suit land and constructed a kuchha house on an area of 20' x 15' described in Schedule 'B' of the plaint for which the plaintiff was constrained to file the suit seeking the reliefs noted above.

(3.) MR . Mohanta, learned Counsel for the appellants submits that the order of remand recorded by learned first appellate Court is contrary to the provisions laid down under Order 41 Rule 23 -A and Rule 25 of the C.P.C. as the impugned order is neither an open remand nor it contemplates any specific issue for adjudication by the trial. Court.