Dismissed

Natabara Pradhan v. Promod Kumar Pradhan

Orissa HC24 Nov 2022CMP/620/2021

Case brief

AI extract

What is this about?

The High Court considered a civil revision petition challenging an order allowing a late impleader in a suit to declare a sale deed void. The Court upheld the lower court's decision to allow the impleader and dismissed the revision petition, while vacating an interim order.

What did the court decide?

Civil Revision Petition and Interim Application dismissed; Interim order dated 07.12.2021 vacated.

Natabara Pradhan Vs Promod Kumar Pradhan — Succession and Inheritance | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CMP NO. 620 OF 2021

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Natabara Pradhan and others …. Petitioners Mr. Prafulla Chandra Acharya, Advocate

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-versus-

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Promod Kumar Pradhan and another

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…. Opp. Parties

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CORAM:

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JUSTICE K.R. MOHAPATRA

ORDER

Order No.

24.11.2022

CMP NO. 620 OF 2021 & I.A. No. 696 of 2022

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This matter is taken up through hybrid mode.

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This matter is listed for orders for extension of the interim

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order.

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In course of hearing, this Court feels that merit of the CMP has to be gone into. Hence, on consent of learned counsel for the Petitioners, the CMP is taken up for final disposal.

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Order dated 24^th September, 2021 (Annexure-4) passed by learned Civil Judge (Senior Division), Kendrapada in C.S. No.70 of 2015 is under challenge in this CMP, whereby an application filed under Order 1 Rule 10 C.P.C. by the Opposite Party No.1 has been allowed.

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Mr. Acharya, learned counsel submits that the Petitioner No.1 is the Defendant No.1 in the suit. The suit has been filed by one of the sons of Petitioner No.1, namely, Opposite Party No.2 (Abhiram Pradhan), for a declaration that the sale deed executed by the present Petitioners to be void and not binding on him. The Opposite Party No.1, namely, Pramod Kumar Pradhan, who is one

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of the sons of the Petitioner No.1 and was unheard of for last twenty-two years, suddenly appeared and filed an application under Order 1 Rule 10 C.P.C. to be impeaded as party to the suit. The said application was allowed without taking note of the fact that the suit property was the exclusively property of Defendant No.1-Petitioner No.1 and the Opposite Party No.1 has no semblance of the interest in the said property. As such, the impugned order under Annexure-4 is not sustainable in the eyes of law. Hence, this CMP has been filed with the aforesaid prayer.

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Upon hearing learned counsel for the Petitioners and on perusal of the record, it appears that the Plaintiff-Opposite Party No.2 has filed the suit impleading the Petitioner No.1 as Defendant No.1 and purchasers as Defendant Nos.2 to 4. The suit has been filed to declare the sale deed to be null and void. The PlaintiffOpposite Party No.2 being the son of Defendant No.1-Petitioner No.1, his right over the suit property may be affected, if the suit is decreed. As such, learned trial Court has committed no error in allowing the application under Order 1 Rule 10 C.P.C. Since the suit is of the year, 2015, learned trial Court shall make an endeavour for early disposal of the suit in accordance with law, giving opportunity of hearing to the parties concerned.

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With the aforesaid observation and direction, the I.A. and CMP are disposed of.

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The interim order dated 7^th December, 2021 passed in I.A. No.655 of 2021 stands vacated.

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

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(K.R. Mohapatra) Judge

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bks

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Natabara Pradhan v. Promod Kumar Pradhan

Case brief

What is this about?

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Natabara Pradhan v. Promod Kumar Pradhan

Case brief

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