Orissa High Court
Mayadhar Samal And Others vs National Thermal Power ... on 19 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 460 of 2020
Mayadhar Samal and others .... Petitioners
Mr. Susanta Kumar Dash, Advocate
-versus-
National Thermal Power Corporation .... Opp. Parties
Ltd. and others
Mr. Bhabani Sankar Tripathy, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 19.04.2023
6. 1. This matter is taken up through Hybrid mode.
2. Order dated 6th March, 2020 (Annexure-7) passed by
learned Senior Civil Judge, Talcher in CS No.129 of 2008 is
under challenge in this CMP, whereby an application filed by
the Petitioners under Section 10 CPC to stay further proceeding
of the suit till disposal of RFA No.2 of 2013 pending in the
Court of Additional District Judge, Talcher, has been rejected.
3. The background of the case is that Predecessor of the
Petitioners filed CS No.27 of 2003 for declaration of right, title
and interest against the State of Odisha, which was decreed in
his favour. During pendency of the suit, the State government
leased out the property in question in favour of the Opposite
Party, namely, National Thermal Power Corporation Ltd.,
Talcher (NTPC). When NTPC carried on construction over the
suit land, the predecessor of the Petitioners objected and
ultimately one agreement was entered into between the parties.
Subsequently, CS No.27 of 2003 was decreed in favour of the
Plaintiff declaring his right, title and interest over the suit
property. Thus, the Plaintiff therein approached the NTPC-
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Opposite Party No.1 to carry out the settlement arrived at
between the parties. Since it was not adhered to by the Opposite
Parties, the Petitioners, who are the successors of the Plaintiff of
the earlier suit filed CS No.129 of 2008 for recovery of
possession of the suit land and for damages. Subsequently, the
State of Odisha filed appeal, i.e., RFA No.2 of 2013 under
Section 96 of CPC assailing the judgment and decree passed in
CS No.27 of 2003, which is at present pending in the Court of
learned Additional District Judge, Talcher.
4. It is submitted by Mr. Dash, learned counsel for the
Petitioners that during pendency of the suit, the
Plaintiffs/Petitioners filed an application under Section 10 CPC
to stay further proceeding of the suit till disposal of RFA No.2
of 2013, as part of the suit property in RFA No. 2 of 2013 is the
subject matter of dispute in CS No. 129 of 2008. The said
application was rejected. Hence, this CMP has been filed.
5. Mr. Tripathy, learned Counsel for NTPC-Opposite
Parties submits that none of the ingredients for entertaining an
application under Section 10 CPC is satisfied in the present
case. As such, learned trial Court has committed no error in
dismissing such application. He, therefore, prays for dismissal
of the CMP.
6. Taking into consideration the rival contentions of the
parties and on perusal of record, this Court finds that a part of
suit property in RFA No.2 of 2013 is the subject matter of
dispute in CS No.129 of 2008, i.e., Plot No.14 out of three Plots
under Khata No.46 of village Dasanali under Talcher tahasil in
the district of Angul. It is further submitted by learned counsel
for the parties that RFA No.2 of 2013 is ready for hearing and
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there is no legal impediment for early disposal of the same. In
that view of the matter, this Court feels that adjudication of CS
No.129 of 2008 can await decision of RFA No.2 of 2013.
7. Accordingly, this Court, without delving into merit of
the order under Annexure-7, disposes of the CMP with a
direction that RFA No.2 of 2013 pending in the Court of
Additional District Judge, Talcher shall be disposed of as
expeditiously as possible, preferably within a period of two
months from the date of production of certified copy of this
order giving opportunity of hearing to the parties concerned.
8. Till disposal of the RFA No.2 of 2013, further
proceeding of CS No.129 of 2008 pending in the Court of
learned Civil Judge (Senior Division), Talcher shall remain
stayed.
Issue urgent certified copy of the order on proper
application.
(K.R. Mohapatra)
Judge
s.s.satapathy
