NABAGHANA MOHAPATRA Vs. RAMESH CHANDRA BASTIA

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, challenge is made to the order dated 17.11.2016 passed by the learned 2nd Additional Civil Judge (Sr. Divn.), Bhubaneswar in C.S. No.123 of 2013, whereby and whereunder, learned trial court rejected the application of the defendant-petitioner to stay the further proceeding of the suit till disposal of Consolidation Revision Case No.97 of 2016 pending before the Commissioner, Consolidation and Settlement, Odisha, Bhubaneswar.

(2.) Since the dispute lies in a narrow compass, it is not necessary to recount in detail the cases of the parties. Suffice it to say that the opposite parties as plaintiffs instituted the suit for permanent injunction impleading the petitioner as defendant. The defendant filed written statement. While the matter stood thus, the defendant filed an application to stay the further proceeding of the suit till disposal of Consolidation Revision Case No.97 of 2016 pending in the court of the Commissioner, Consolidation and Settlement, Odisha, Bhubaneswar. It is stated that in the consolidation as well as the suit, parties are same so also the property. The plaintiff filed objection to the same. Learned trial court having rejected the same, the instant petition has been field under Article 227 of the Constitution of India.

(3.) Heard Mr. Malaya Kumar Mishra, learned counsel for the petitioners and Mr. S.C. Acharya, learned counsel for the opposite parties.