ORDER

Order No. 20.08.2024

1. 1. This matter is taken up through hybrid mode.

2. The Petitioner in this CMP seeks to assail the order dated 15th December, 2023 (Annexure-5) passed in C.S. No.303 of 2016, whereby learned Civil Judge (Senior Division), Berhampur allowed an application filed under Order I Rule 10 CPC in part treating it to be a petition under Order XXII Rule 10 CPC.

3. Mr. Misra, learned counsel for the Petitioner submits that while adjudicating the matter, learned trial Court held that the lis pendens purchasers are impleaded as assignees of Defendant No.1 under representative capacity.

4. Taking note of the submission of Mr. Misra, learned counsel for the Petitioner and on perusal of the record, it appears that admittedly Tukuna Choudhury and Sujit Kumar Padhy are lis pendens purchasers. On perusal of the written statement, it appears that their interest is not protected. There is no mention about the lis pendens alienation in the respective pleadings of the parties. Learned trial Court taking note of the rival contentions of the parties including that of Defendant No.6-Petitioner came to hold that presence of lis pendense purchasers is necessary for just adjudication of the suit.

5. Mr. Misra, learned counsel for the Petitioner, however, submits that by allowing such application, disposal of the suit will be further delayed. It is also submitted that earlier this Court had directed for early disposal of the suit. But, by passing the impugned order under Annexure-5, disposal of the suit is further delayed. Since the suit has been filed for partition and declaration, interest of the lis pendens purchasers can be protected in the preliminary decree and specific share, if any, may be allotted to them in final decree proceeding, if a direction to that effect is made. At this stage, learned trial Court by allowing the application for impleadment of lis pendens purchasers as parties to the suit, expanded the scope of the suit. Hence, he prays for setting aside the impugned order under Annexure-5.

6. Taking into consideration the submission made by Mr. Misra, learned counsel for the Petitioner, this Court finds that the petition filed under Order I Rule 10 CPC was allowed in part treating it to be a petition under Order XXII Rule 10 CPC. The parties impleaded to the suit are treated to be assignees of Defendant No.1. Since learned trial Court in a detailed order allowed the prayer for impletion of parties in part, I am not inclined to interfere with the same.

7. Further keeping in mind that the suit is of the year, 2016, learned trial Court should make its best endeavour to see that it is disposed of at an early date giving opportunity of hearing to the parties concerned. No unnecessary/ liberal adjournment shall be allowed to any of the parties to the suit. Learned trial Court is also at liberty to take coercive measure, if any of the parties does not cooperate for early disposal of the suit.

8. With the aforesaid observation and direction, the CMP is disposed of.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra)

ms Judge