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2017 Supreme(Ori) 405

A.K.RATH
Janaki Das – Appellant
Versus
Sidheswar Das – Respondent


Advocates Appeared:
For the Petitioner:Mr.Debasis Tripathy, Advocate.
For the Opp. Parties :Mr.Samarendra Pattanaik, Advocate.

JUDGMENT :

DR. A.K. RATH, J.

1. This petition challenges the order dated 7.8.2014 passed by the learned Civil Judge (Sr. Divn.), Kendrapara in C.S. No.399 of 2008. By the said order, learned trial court allowed the applications of opposite party nos.2 and 3 under Order 1 Rule 10 C.P.C. for impleadment.

2. The petitioner as plaintiff instituted C.S. No.399 of 2008 for partition and permanent injunction impleading the opposite party no.1 and one Sanatan Das as defendants. While the matter stood thus, opposite party nos.2 and 3 filed separate applications under Order 1 Rule 10 C.P.C. for impleadment. It is stated by opposite party no.2 that he and his brother had purchased a portion of the suit land from Santan Das, defendant no.1 by means of a registered sale deed dtd.9.11.2005. In the meantime, defendant no.1 is dead. He would be adversely affected by the decree. Similar plea has been taken by the opposite party no.3. It is stated that he has purchased the property from the defendant no.1 by means of a registered sale deed dtd.26.6.2009. The plaintiff filed objections separately. The stand of the plaintiff is that when the order of status quo was in operation, the defendant no.1 transf
































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