JUDGMENT :

S.PANDA. J.

Petitioner in this application has challenged the order dated 18.11.2014 passed by learned District Judge, Cuttack in F.A.O. No. 50 of 2014 while dismissing the appeal confirmed the order dated 20.03.2014 passed by learned Senior Civil Judge, 1st Court, Cuttack in Interim Application No. 614 of 2013 arising out of C.S. No. 297 of 2013 allowing an application under Order 39 Rules 1 & 2 of the Code of Civil Procedure.

2. The present opposite party Nos. 5 and 6 as plaintiffs filed the aforesaid suit for partition and confirmation of their respective possession in respect of suit Schedule 'A, 'B' & 'C' properties. In the relief they have specifically seeking a direction against defendant Nos. 1 to 3 to allow the plaintiffs and other defendants to use AC.0.03 dec. of land which is situated in between Schedule-A and Schedule-B as common passage. The defendants have not filed their written statement.

3. While matter stood thus the defendant Nos. 1, 2, 12 and 13 filed Interim Application No. 614 of 2013 under Order, 39 Rule, 1 & 2 of the C.P.C. impleading the plaintiff$ and defendant No.4 as opposite parties only without impleading other defendants. In the said applicati