JUDGMENT

L. MOHAPATRA, J. — The plaintiffs have filed this writ appli¬cation questioning the legality of the order dated 2.4.2004 passed by the learned Civil Judge (Senior Division), Puri in T.S.No. 51 of 2000 directing stay of further proceeding in the said suit in terms of Section 10 of the Code of Civil Procedure.

2. As it appears from the impugned order, an application under Section 10 of the C.P.C. was filed by the opposite party No. 5 and the plaintiff in T.S.No. 151 of 2000 for stay of further proceeding of both the suits till finalization of O.E.A.Appeal No. 8 of 2002. Earlier an order was passed in T.S.No. 51 of 2000 for analogous hearing with T.S.No. 151 of 2000. In view of the above, both the petitions were heard together and were disposed of by the common impugned order. In the application filed under Section 10 of the C.P.C. in T.S.No. 51 of 2000 it was contended that the disputed property under Khata No. 35 stood recorded in the name of Lord Jagannath Mahaprabhu Bije Puri Marfat Mahanta Balaram Kot Matha and that the intermediary inter¬est in the said property vested in the State Government under the provisions of the O.E.A.Act. After vesting, as the said property had