ASHOK KUMAR RAY Vs. REBA BISWAS AND OTHERS

JUDGEMENT

(1.) The instant petition is to laciniate the orders dated 15.1.2015 and 21.3.2015 passed by the learned Civil Judge (Sr.Division), Puri in C.S.No.464 of 2008. By order dated 15.1.2015, the learned trial court vacated the order of stay whereas, by order dated 21.3.2015, it held that partition suit shall continue till the stage of carrying out of a preliminary decree .

(2.) The opposite parties 1 to 5 as plaintiffs instituted C.S.No.464 of 2008 for partition of the properties left by common ancestor Atul Krishna Roy in the court of the learned Civil Judge (Sr.Division), Puri impleading the petitioner as well as proforma opposite parties 6 and 7 as defendants. Pursuant to issuance of summons, defendant no.1-petitioner entered appearance and filed a written statement. During pendency of the suit, defendant no.1 filed an application under Section 276 of the Indian Succession Act before the learned District Judge, Puri for grant of Pobate of Will said to have been executed by late Atul Krishna Roy bequeathing the properties in his favour, which is registered as Test Case No.7 of 201 Thereafter defendant no.1 filed an application to stay the further proceeding of the suit till disposal of Test Case No.7 of 201 The plaintiffs filed objection to the same. The said application having been allowed, the plaintiffs approached this Court in W.P.(C) No.22464 of 2013. A Bench of this Court disposed of the said writ petition on 112014 directing the learned District Judge, Puri to dispose of Test Case No.7 of 2012 within a period of six months and to proceed with the suit for partition in accordance with law. On 15.1.2015, the learned trial court vacated the order of stay. On 21.3.2015, the learned trial court came to hold that fate of the suit depends on the probate case, since position of the probate case is not known. There is no reason to grant stay. It further held that the suit shall continue till the stage of carrying out of a preliminary decree.

(3.) Heard Mr.Ashok Mohanty, learned Sr.Advocate for the petitioner and Ms.Pratyusha Naidu, learned Advocate for the opposite parties 1, 2, 4 and 5.