Ghasinath Behera vs Giridharilal Ranji And Others
2021 Latest Caselaw 12889 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CMP NO. 676 OF 2021
                 Ghasinath Behera                          ....      Petitioner
                                                      Mr. Ajaya Kumar Nayak,
                                                                 Advocate
                                           -versus-
                 Giridharilal Ranji and others              ....    Opp. Parties



                       CORAM:
                       JUSTICE K.R. MOHAPATRA
                                        ORDER

Order No.                              15.12.2021

   1.       1.       This matter is taken up through hybrid mode.

2. This CMP has been filed assailing the order dated 29th September, 2021 (Annexure-10) passed by learned Additional District Judge, Athamallik in RFA No. 07 of 2019, whereby he rejected an application filed by the Petitioner under Section 10 read with Section 151 C.P.C. for stay of further proceedings of the first appeal during pendency of W.P.(C) No. 26308 of 2019.

3. It is submitted by learned counsel for the Petitioner that the prayer in the writ petition is for disbursement of the compensation amount in a land acquisition case whereas the judgment and decree passed in C.S. No. 16 of 2015 passed by learned Civil Judge (Senior Division), Athamallik is under challenge in the said First Appeal wherein right, title and interest of the predecessor of Opposite Party No.1(a) to 1(e) has been declared. Thus, there is every likelihood of multiplicity of litigation if further proceeding of the First Appeal is not stayed. Hence, this CMP has been filed.

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4. Taking into consideration the submission of learned counsel for the Petitioner and on perusal of the materials on record, it is apparent that one Giridharilal Ramji had filed C.S. No. 16 of 2015 for declaration of right, title and interest over the suit property impleading the present petitioner as Defendant No. 1 to the suit. However, with regard to disbursement of the compensation amount in the land acquisition case, W.P.(C) No.26308 of 2019 is pending for consideration. Thus, it appears that disbursement of the compensation amount will depend upon declaration of right, title and interest in the suit property so acquired. In that view of the matter, further proceeding of the First Appeal should not be stayed, rather it should be heard early to facilitate this Court to adjudicate upon W.P.(C) No.26308 of 2019.

5. In that view of the matter, I am not inclined to entertain the CMP, which is accordingly dismissed.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks