JUDGMENT :

Dr. Akshaya Kumar Rath, J. - 1. Aggrieved by and dissatisfied with the order dated 17.1.2008 passed by the learned Ad hoc Additional District Judge (F.T.C.), Athagarh in Misc. Case No. 2 of 2007 (arising out of Execution Case No. 1 of 2007), the present petition has been filed under Article 227 of the Constitution of India. By the said order, learned ADJ allowed the application filed by the opposite parties under Order 21 Rule 29 C.P.C. read with Section 151 C.P.C. and stayed the further proceeding of the execution case.

2. The petitioners as plaintiffs instituted C.S.(I) No. 47 of 2002 in the court of the learned Civil Judge (Sr. Divn.), Athagarh for declaration that the sale deed bearing No. 2740 dated 29.7.2000 is illegal and void; for declaration that the plaintiffs being legal heirs and successors of Prasanta Kumar Pattnaik (husband of plaintiff-petitioner No. 1 and father of plaintiff-petitioner Nos. 2 and 3) have right, title, interest and possession over the suit lands including the building standing thereon; for permanent injunction restraining the defendant No. 1 from receiving the rent of the building from the tenants (defendant Nos. 2 to 5) for arrear rent from