SITARAM BEHERA Vs. UDAYANATH @ HADI BEHERA

JUDGEMENT

(1.) This petition challenges the order dated 26.10.2018 passed by learned Senior Civil Judge, Nayagarh in C.S. No.101 of 2004 (F.D.), whereby and whereunder learned trial judge has rejected the application of the plaintiff-petitioner to withdraw the final decree proceeding and allowed the application of the defendant no.4 for transposing him as plaintiff.

(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 plaintiff-petitioner instituted C.S. No.101 of 2004 for partition. The suit was decreed preliminarily. Thereafter, he levied final decree proceeding. While the matter stood thus, he filed a petition to withdraw the final decree proceeding on the ground that OLR Case No.446 of 2012 under Sec.19(c) of Orissa Land Reforms Act, 1960 ("OLR Act") was filed before the Revenue Officer-cum-Tahasildar, Nayagarh for partition of schedule 'A' land between the parties. The Revenue Officer allowed the petition and declared the share of the parties. The Revenue Officer is empowered under the OLR Act to effect partition. In view of the order passed by the Revenue Officer, there is no necessity to proceed with the final decree. The defendant no.4 filed an application for transposition. Learned trial judge rejected the application of the plaintiff and allowed the application of the defendant no.4 for transposition.

(3.) Heard Mrs. Archana Mohanty, learned Advocate for the petitioner.