SUBASH MOHAPATRA Vs. SMT. KAMALA MOHAPATRA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, challenge is made to the order dated 11.08.2015 passed by the learned District Judge, Bhadrak in Civil Revision No.04 of 2011. By the said order, learned revisional court allowed the revision and set aside the order dated 8.7.2011 passed by the learned Civil Judge (Senior Division), Bhadrak in I.A. No.375 of 2010 filed under Order 23, Rule 3 (A) CPC and remitted the matter back for de novo enquiry.

(2.) Opposite party nos.1 and 2 as plaintiffs instituted C.S. No. 105 of 2009-I in the court of the learned Civil Judge (Senior Division), Bhadrak for partition of the suit schedule property impleading the petitioner as defendant. During pendency of the suit, a compromise was arrived at between the parties. Accordingly, a compromise petition was filed in the Lok Adalat. Thereafter, the suit was disposed of in terms of the compromise. While matter stood thus, plaintiff no.1 filed an application to set aside the compromise on the ground of fraud. The defendant objected to the same. Learned trial court rejected the same. Challenging the same, plaintiff no.1 filed Civil Revision No.04 of 2011 before the learned District Judge, Bhadrak. The learned Revisional Court set aside the order dated 8.7.2011 and remitted the matter back to the learned trial court for disposal of I.A. No. 375 of 2010.

(3.) Heard Mr. P.K. Rath, learned counsel for the petitioner and Mr. S.S.K. Nayak, learned counsel for the opposite parties.