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2022 Supreme(SC) 919

M. R. SHAH, KRISHNA MURARI
Sudhamayee Pattnaik – Appellant
Versus
Bibhu Prasad Sahoo – Respondent


Advocates appeared:
For the Appellant(s) : M/s R And R Law Associates, AOR
For the Respondent(s): Ms. Swati Vaibhav, Adv. Mr. Suvendu Suvasis Dash, AOR Ms. Shruti Vaibhav, Adv. Mr. Atishay Jain, Adv. For M/s. Vaibhav & Dash Law Associates, AOR

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.03.2022 passed by the High Court of Orissa at Cuttack in CMP No. 258/2019, by which the High Court has dismissed the said writ petition preferred by the appellants herein – original plaintiffs and has confirmed the order passed by the trial Court allowing application under Order 1 Rule 10 CPC preferred by original defendant Nos. 1 to 4 and thereby directing to implead the subsequent purchasers as defendants in the suit instituted by the original plaintiffs, the original plaintiffs have preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:

That the appellants – original plaintiffs instituted Civil Suit No. 298/2011 against the original defendants for declaration, permanent injunction and recovery of possession. In the said suit, original defendants appeared and filed their joint written statement along with counter-claim for declaration of their right, title and interest over the suit property and for permanent injunction. After the evidence from the side of the plaintiffs was closed, original defendant Nos. 1 to 4 filed an applicati

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