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2012 Supreme(Ori) 109

B.K.NAYAK
Pradeep Kumar Mohanty – Appellant
Versus
Bana Behari Mohanty – Respondent


Advocates appeared:
For Petitioner: Mr. Samir Kumar Mishra
For Opp. Parties: Mr. S.P. Mishra

JUDGMENT

B.K. NAYAK, J. - In this writ application the petitioner assails the order dated 13.10.2010 passed by the learned Civil Judge (Senior Division), Bhubaneswar in C.S. No.423 of 2004 whereby the learned Civil Judge has rejected his petition under Order 1 Rule 10(2), C.P.C. to be impleaded as a party-defendant to the suit.

2. The present opposite party No.1 has filed the aforesaid civil suit against the present opposite party Nos.2 to 11 seeking relief of partition of the suit property and allotment of his separate share. Admittedly in FAO No.278 of 2005 (arising out of the suit) between the parties to the suit, this Court vide order dated 07.11.2006 injuncted the parties from alienating any portion of the suit property during the pendency of the suit. While the injunction order was operating, defendant Nos.1 and 2 sold a specific portion of the suit property appertaining to Plot No.1000, Khata No.1416 measuring Ac.0.200 in Mouza-Bhubaneswar to the intervenor writ petitioner vide two registered sale deeds on 13.11.2009. Thereafter, the present petitioner filed a petition under Order 1 Rule 10(2), C.P.C. before the trial Court stating that after purchase of the said portion of th

























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