JUDGMENT

INDRAJIT MAHANTY, J.

1. In the present writ application, the petitioner-Surendranath Biswal has sought to challenge the order dated 25.08.1997 passed by the Commissioner, Consolidation, Orissa, Cuttack (O.P.2) allowing Consolidation R.C. No. 78 of 1995 and setting aside the order dated 9.12.1994 passed by the appellate authority (Deputy Director Consolidation, Kendrapara) in Appeal Case No. 70 of 1994 directing to record the disputed land in favour of the petitioner as well as the opposite parties jointly each having 1/5th interest after verification of R.S.D. No. 6137 dated 31.12.1984 and sabik-hal records/maps etc.

2. The genealogy of the parties in the present case is noted as hereunder:-

Banchhanidhi

Gobinda Bata Narahari = Chanda (Wife)

Duryodhan Surendra (Petitioner)

(O.P. No.6)

Jutiram Arjuna Murari

(O.P.5) (O.P.7) (O.P.8)

In the light of the genealogy as noted hereinabove, it appears that Banchhanidhi is the common ancestor of the parties. He had three sons, namely, Govinda, Bata and Narahari. It further appears that while Gobinda had five sons, namely, Jutiram (O.P.5), Arjuna (O.P.7), Murari (O.P.8), Duryodhan (O.P.6) and Surendra (Pet