JUDGMENT :

B.R. SARANGI, J.

This intra-Court appeal has been preferred by the appellant challenging judgment dated 31.08.2012 passed in W.P.(C) No. 25031 of 2011, whereby the learned Single Judge has, while declining to entertain the writ petition, dismissed the same by applying the principle underlying under Rule 1 Order XXIII of the Code of Civil Procedure, 1908 (for short ‘CPC’).

2. The factual matrix of the case, as is borne out from the records, is that “Sri Ladukesh Mohesh Bije”, Sarankul is managed by the Nayagarh Debottar. Banchanidhi Mohapatra was the recorded hereditary ‘Mali Sebasee’ (priest) of the said deity and in that capacity he was enjoying some properties of the deity in lieu of rendering ‘sevapuja’. Banchanidhi Mohapatra had a daughter, namely, Dukhi, who married to the present appellant. Respondent no.1 is the adopted son of Banchanidhi Mohapatra. In Title Appeal No.2 of 1989 {arising out of O.S. No. 35 of 1974 (1)} the status of respondent no.1, as adopted son, was declared and the same was confirmed by this Court in Second Appeal.

3. On the basis of an application filed by respondent no.1 before the Executive Officer, Debottar, Nayagarh, which was registered as D.