ITEM NO.31 COURT NO.11 SECTION XI-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 10971/2022

(Arising out of impugned final judgment and order dated 28-03-2022

in CMP No. 258/2019 passed by the High Court of Orissa at Cuttack)

SUDHAMAYEE PATTNAIK & ORS. Petitioner(s)

VERSUS

BIBHU PRASAD SAHOO & ORS. Respondent(s)

(FOR ADMISSION and I.R.)

Date : 14-07-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.R. SHAH

HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Petitioner(s)

Mr. Manoj K. Mishra, Adv.

Mr. Abhinav S.Raghuvanshi, Adv.

Ms. Rajshree Rai, Adv.

Mr. Vinay Kumar Rai, Adv.

Mr. Kunal Yadav, Adv.

Mr. Mohnish Nirwan, Adv.

Ms. Banshika Garg, Adv.

Mr. Shashank Rai, Adv.

Ms. Ritika Gaur, Adv.

Mr. Vipin Bharti, Adv.

M/S R And R Law Associates, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Learned counsel appearing on behalf of the petitioners

has vehemently submitted that an application under Order 1 Rule 10

of the CPC to implead the subsequent purchaser who purchased the

property during the lis pendens was filed by defendant nos. 1 to 3

(not by the subsequent purchasers and not even by the plaintiffs).

It is submitted that even the said application was filed after

the evidence of plaintiffs was closed. It is also submitted that

contd..

Digitally signed by R

Natarajan

Date: 2022.07.16

12:28:59 IST

Reason:

Signature Not Verified

- 2 -

as such the plaintiffs are the Dominus Litis and therefore, against

the wish of the plaintiffs, no person could have been joined as

defendants.

Issue notice returnable on 09.09.2022.

In the meantime, the impugned order in an application under

Order 1 Rule 10 of the CPC is ordered to be stayed.

(NEETU SACHDEVA) (NISHA TRIPATHI)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR