The High Court dismissed the CMP and Misc. Case challenging an order that rejected impleadment in an execution proceeding, finding no infirmity or illegality in the lower court's decision.
Urgent certified copy issued.
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CMP No.169 of 2016
&
Misc. Case No.163 of 2016
02. 09.02.2016 Heard learned counsel for the parties.
This application has been filed challenging the order dated 26
.11.2015, passed by the learned Civil Judge (Sr. Division), Kendrapara, in Execution Case No.5
38 of 2014, rejecting the application of the petitioners to be impleaded as parties to the exe
cution proceeding.
Considering the submissions made and keeping in view the findi
ngs of the learned Executing Court and the reasons assigned in support of the same, no infirmi
ty or illegality can be said to have been committed by the learned Civil Judge (Sr. Division),
Kendrapara, so as to warrant any interference.
CMP and Misc. Case being devoid of merits, the same are accord
ingly dismissed.
Issue urgent certified copy as per rules.
S.C. Parija, J.
uks
uks
1 issue framed by the court
Whether the High Court should interfere with the order rejecting the impleadment of parties in the execution proceeding.
CMP No.169 of 2016
Misc. Case No.163 of 2016
S.C. Parija
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court