Puspa Swain Vs Biswambar Rout

227 of the Constitution of India, 1950 has been filed by the petitioner (respondent No.1 in the 1^st Appeal vide R.F.A. No.3 of 2021 in the Court of learned 3^rd Addl. District Judge, Cuttack, plaintiff in the suit vide C.S. No.166 of 2012 in the Court of learned 1^st Addl. Civil Judge, Sr. Division, Cuttack) praying for quashing (setting aside) the impugned order dated 03.05.2023 passed in R.F.A. No.3 of 2021 by the learned 3^rd Addl. District Judge, Cuttack.

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2 . The factual backgrounds of this CMP, which prompted the

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petitioner for filing of the same is that, the respondent No.1 in the 1^st

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Appeal vide R.F.A. No.3 of 2021 was the sole plaintiff before the learned Trial Court in the suit vide C.S. No.166 of 2012 and the said suit vide C.S. No.166 of 2012 was decreed in favour of the plaintiff and that judgment and decree passed in the suit vide C.S. No.166 of 2012 was challenged by the defendant No.20 in the said suit vide C.S. No.166 of 2012 preferring 1^st Appeal vide R.F.A. No.3/2021 being the appellant against the plaintiff and others arraying them as respondents.

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In that 1^st Appeal vide R.F.A. No.3 of 2021, the O.P. No.1 in this CMP filed a petition praying for his impleadment as respondent No.21 in that 1^st Appeal vide R.F.A. No.3 of 2021 before the learned 1^st Appellate Court on the ground that, he is the purchaser of the suit properties from the defendant No.20 (appellant in the 1^st Appeal vide R.F.A. No.3 of 2021).

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That petition for impleadment of the O.P. No.1 in this CMP as respondent No.21 in the 1^st Appeal vide R.F.A. No.3 of 2021 was allowed by the learned 1^st Appellate Court on dated 03.05.2023 and accordingly, he was impleaded as respondent No.21 in the said 1^st Appeal vide R.F.A. No.3 of 2021.

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To which, the plaintiff in the suit vide C.S. No.166 of 2012 (respondent No.1 in the 1^st Appeal vide R.F.A. No.3 of 2021)

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challenged by filing this CMP under Article 227 of the Constitution of India, 1950 being the petitioner praying for quashing (setting aside) the said impugned order dated 03.05.2023.

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3 . Heard from the learned counsel for the petitioner and learned counsel for O.P. No.1 (respondent No.21 in R.F.A. No.3 of 2021).

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4 . Taking the submissions of the learned counsels of both the sides into account and in order to avoid the multiplicity of litigations between the parties, it is felt proper to dispose of this CMP finally without interfering with the impugned order dated 03.05.2023 passed in R.F.A. No.3 of 2021 by the learned First Appellate Court in respect of the impleadment of the Opp. Party No.1 in this CMP as respondent No.21 in that R.F.A. No.3 of 2021 by directing the learned 1^st Appellate Court to dispose of the R.F.A. No.3 of 2021 pending before him as expeditiously as possible as per law within a period of three months from the date of filing of the certified copy of this Judgment.

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5. Therefore, this CMP filed by the petitioner is dismissed on contest, but, the learned 1^st Appellate Court i.e. learned Third Addl. District Judge, Cuttack is directed to dispose of the R.F.A. No.3 of 2021 pending before him as per law within a period of three months from the date of filing of the certified copy of this Judgment by any of the parties.

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