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2000 DIGILAW 170 (ORI)

CHAKRADHAR SAHOO v. LAXMIDHAR SAHOO

2000-03-24

P.K.MISRA

body2000
JUDGMENT : P.K. Misra, J. - PIaintiff has filed this revision. He has filed Title Suit No. 296/98 for partition claiming one-fifth share in the suit schedule properties and also for permanent injunction seeking to restrain the opposite parties from making any construction over Hal Plot No. 310 measuring Ac. 0.13 decimals and Hal Plot No. 309/805 measuring Ac, 010 decimals. The trial court after hearing both parties passed an order directing both the parties to maintain status quo in respect of the disputed plots till disposal of the suit. The present opposite parties 1 to 3 filed Misc. Appeal No. 27 of 1999 challenging the order of the trial court. The lower appellate court while confirming the order of the trial court in respect of plot No. 309/ 805 measuring Ac. 0. 10 decimals vacated the order in respect of plot No. 310. Thereafter the present Civil Revision has been filed. At the time of entertaining this revision, an interim order was passed directing both the parties to maintain status quo in respect of Hal Plot No. 310 corresponding to Sabik Plot No. 309. 2. The lower appellate court vacated the order of the trial court on the ground that no prima facie case had been established by the Plaintiff in respect of such plot at the same was purchased by the father of the present Petitioner and opposite parties. The question as to whether such property was the self-acquired property of the father or a joint family property is to be decided on the basis of evidence on record at the time of final disposal of the suit and any opinion on that aspect at the present juncture is likely to prejudice the parties. The counsels for both the parties have advanced lengthy arguments in support of their respective contentions, but it would not be appropriate at this stage to consider these aspects. It appears that order of status quo is operative for quite some time. Keeping in view the nature of dispute, interest of justice would be served by directing that the order of status quo as passed by this Court on 20-9 1999 should continue till disposal of the suit. The suit should be disposed of as expeditiously as possible preferably within a period of six months from today. Keeping in view the nature of dispute, interest of justice would be served by directing that the order of status quo as passed by this Court on 20-9 1999 should continue till disposal of the suit. The suit should be disposed of as expeditiously as possible preferably within a period of six months from today. Needless to point out that the suit should be disposed of in accordance with law on the basis of evidence on record without being influenced by any observations made by the trial court or the lower appellate court in the impugned orders or by the fact that an order of status quo has been passed by this Court. 3. The Civil Revision is accordingly disposed of. There will be no order as to costs. Civil Revision disposed of.