JUDGMENT

Dr.A.K.RATH, J. - This petition challenges the order dated 4.8.2014 passed by the learned Senior Civil Judge, 1st Court, Cuttack in C.S.No.146 of 2001, whereby and whereunder, learned trial court deferred the hearing of application u/s 10 CPC to stay further proceeding of the suit and imposed conditions on the plaintiff to take steps for appearance of L.Rs of Arjuna Behera.

2. The plaintiff-petitioner instituted C.S.No.146 of 2001 for partition of schedule-B property. The defendants entered appearance and filed an application u/s 10 CPC to stay further proceeding of the suit till disposal of the First Appeal No.224 of 1990 pending before this Court. It is stated that the plaintiff instituted the suit for partition claiming 1/4th share in

schedule- B property which comprises of 5 Lots. Out of 5 Lots, the property covered under Lot No.2 appertains to Hal Settlement Khata No.303, Plot No.296-A0.430 and Plot No.296/942-A0.006 dec. in Mouza-Cuttack Town, Unit No.37, Badambadi. It is further stated that Arjun Behera and his four sons filed T.S.No.86 of 1981 against Dijabara Jethi, father of the plaintiff, defendant nos.1 and 2 and husband of defendant no.3 for declaration of t