SHRADHAMANI PANDA & OTHERS Vs. CHINTAMANI PANDA OTHERS

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution, challenge is made to the order dated 4.8.2018 passed by the learned Addl. Senior Civil Judge, Puri in C.S. No.503 of 2015 whereby and whereunder the learned trial court allowed the application of the plaintiff under Order 18 Rule 1 CPC and directed the defendants to begin first.

(2.) Plaintiff-Opposite party instituted the suit for partition impleading the petitioners as defendants. Defendants entered contest and filed written statement pleading, inter alia, that Schedule-A property was renovated and developed by their father Krushna Chandra Panda. Schedule-B property is not partiable. After death of their father, they became the exclusive owners of the suit property. While the matter stood thus, the plaintiff filed an application under Order 18 Rule 1 CPC for a direction to the defendants to begin first. Defendants filed objection to the same. Learned trial court allowed the application.

(3.) Heard Mr. Bibekananda Bhuyan, learned counsel for the petitioner.