Judgment

C.R. Dash, J.

Orders dated 02.07.2011 and 16.08.2011 passed by learned Civil Judge (Senior Division), Sambalpur in Title (Eviction) Suit No.118 of 1997 declining to accept the written statement filed by the petitioners were challenged initially in W.P.(C) No.24441 of 2011. Subsequently, learned counsel for the petitioners having confined W.P. (C) No.24441 of 2011 to aforesaid order dated 02.07.2011, filed W.P. (C) No.29756 of 2011 to impugn the order dated 16.08.2011.

2. As both the writ petitions arise out of the orders passed on two occasions, i.e., 02.07.2011 and 16.08.2011 in the same suit, they are taken up together for disposal by this common judgment, with consent by learned counsels for the parties.

3. Present opposite party no.1, as plaintiff, filed Title (Eviction) Suit No.118 of 1997 in the court of learned Civil Judge (Senior Division), Sambalpur against Basanta Kumar Mishra (defendant no.1) and Kairu Khamari (defendant no.2) for declaration of title and for eviction of Basanta Kumar Mishra from the suit schedule land. The basis of claim of the plaintiff is that he had purchased the suit land from Kairu Khamari (defendant no.2). Defendant no.1 Basanta Kumar Mish