JUDGMENT :

Dr. A.K. Rath, J. - Assailing the order dated 4.2.2008 passed by the learned Civil Judge (Senior Division), Balangir in C.S No.29 of 2004, the instant petition has been filed under Article 227 of the Constitution of India. By the said order, the learned trial court rejected the application of the defendants to stay further proceeding of the suit till disposal of Jhankri Case No.51 of 1994 pending before the Tahasildar, Tusura.

2. Satya Mallik predecessor-in-interest of the opposite parties as plaintiffs laid C.S. No.29 of 2004 in the court of learned Civil Judge (Senior Division), Balangir for permanent injunction impleading the present petitioners as defendants. Pursuant to issuance of summons, defendants entered appearance and filed written statement denying the assertions made in the plaint. While the matter stood thus, the defendants filed an application to stay further proceedings of the suit till disposal of Jhankri Case No.51 of 1994 pending before the Tahasildar, Tusura. It is stated that the plaintiff has filed a case claiming Jhankar of village Chantimunda. He was performing Seva Puja of the deity. The suit land was allotted to him in Jhankri Case No.912 of 1965-