JUDGMENT

S. PANDA, J.

1. The petitioners in this writ petition challenges the order dated 20th April, 2012 passed by the learned Additional Civil Judge (Senior Division), Balasore in Civil suit No. 93/1985-1 F.D. rejecting the petition filed by them under Order 1, Rule 10 read with Order 23, Rule 1-A of the Civil Procedure Code to transpose defendant Nos. 3 and 4 as the decree holders.

2. The facts leading to the present writ petition are as follows:–

Opposite party No.1 who was defendant No.1 filed final decree proceeding arising out of Title Suit No. 93/89-1 to execute the decree in a suit for partition. A commissioner was deputed for the said purpose. However, the final decree proceeding could not be completed. During pendency of the said proceeding, a receiver was appointed in pursuance of the order dated 30.10.2006 passed by this Court in W.P.(C) No 2941 of 2005. Thereafter, the Court below by order dated 18.4.2012 in Interim Application No. 17 of 2002 under Order 39, Rules 1 and 2 of the Civil Procedure Code directed the parties to maintain status quo.

While the matter stood thus, opposite party No.1 to defeat the order passed by the Court filed an application to withdraw the fin