(1.) The instant FAFO has been preferred under Order 43 Rule 1(u) CPC against the judgment and decree dated 03.05.2003 passed by IX Additional District Judge, Faizabad in Civil Appeal No.56/1992 (Amar Nath vs. Sanjay Kumar and Ors.) whereby the lower appellate Court has remanded the matter to the trial court to decided the suit being R.S. No. 279/1985 after impleading the respondents herein, in the plaint in suit.
(2.) This Court by means of the order dated 31.07.2003 had admitted the above appeal and had stayed the further proceedings of the trial court.
(3.) The Court has heard Shri N.K. Pandey, learned counsel for the appellant and Shri U.S. Sahai, learned counsel for the respondents. Shri U.S. Sahai has pointed out that during pendency of the above appeal, the respondents herein have sold part of the property in favour of one Smt. Suman Shukla, who has moved an application for impleadment bearing C.M. Application No.99329/2019. The aforesaid application has been opposed by Shri N.K. Pandey. However, for the reasons contained in the body of the judgment, this Court finds that there is no impediment in allowing the aforesaid application for impleadment and accordingly the application for impleadment shall stands allowed.