MANORAMA SAHOO Vs. PRAMOD KUMAR PRADHAN

JUDGEMENT

(1.) IN the present writ application, the Petitioner has sought to challenge the Order Dated 20.4.2006 passed by the Civil Judge (Sr. Divn.), Second Court, Cuttack in C.S. No. 1 of 2003 -1 whereby the Learned Civil Judge has been pleased to direct stay of the suit till disposal of the proceedings under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Lands Act, 1972 (in short 'Consolidation Act').

(2.) LEARNED Counsel for the Petitioner asserts that the Trial Court has taken note of the fact that the issues raised in the present suit relate to parentage, adoption, validity of transfer etc. and determination of such issues were not within the purview of the authorities under the Consolidation Act. Learned Counsel for the Petitioner submits that after having given such a finding in the impugned order, yet the Trial Court has directed stay of the suit till disposal of the pending proceedings under the Consolidation Act, purportedly on the ground that the issue of adoption being an ancillary relief to the main issue i.e. partition, can also be adjudicated by the authorities under the Consolidation Act.

(3.) LEARNED Counsel for the Opp. Parties, on the other hand, submits that in the area in question, the Notification under the Consolidation Act was published in the Orissa Gazette on 4.4.1995 and since the revision petitions referred to hereinabove remain pending adjudication before the Commissioner of Consolidation, it is to be deemed that the consolidation proceeding remain in operation and therefore, the bar under Section 51 would continue to operate and for the aforesaid reason, Learned Counsel supports the order passed by the Trial Court.