JUDGMENT :

Kurian, J.

1. The application for intervention is dismissed.

2. Appellant No. 1 State of Orissa is aggrieved by the impugned order dated 14.05.2008 passed by the High Court of Orissa in RSA No. 10 of 2002 and Misc. Case No. 65 of 2008.

3. For the purpose of disposal of this appeal, we shall extract the short impugned order as under :-

"The appellants and respondent no. 2 have filed a petition under Order 23 Rule 3 of the CPC for compromise stating therein that to cut short the long term litigation and for the benefit and improvement of the respondent no. 2 Religious Trust they want to compound the matter. Previously the parties had filed Misc. Case No. 189 of 2006 for recording compromise in the appeal. But the Tahasildar, Cuttack raised objection on the plea that the property under litigation has high market value and the amount contemplated in compromise is very low. Objection was also raised by the Commissioner of Endowments that in absence of the permission of the Commissioner u/s 19 of the OHRE Act, the compromise cannot be effected as the compromise will create stitiban tenancy in favour of the appellants. The prayer for compromise was accordingly, disallowed for want o