SRI PRABIR KUMAR MOHAPATRA Vs. MANAS RANJAN MOHAPATRA

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The respondent No.1 in R.F.A. No. 29 of 2011 of the Court of the District Judge, Baleswar assails the order dated 02.05.2013 allowing the petition dated 25.03.2013 filed by the appellant to add the lis pendens purchasers from the respondent No.1 as parties to the appeal.

(3.) Originally, the respondent No. 1 and 2 filed a suit for declaration of their right, title and interest. In that case, the present petitioner appeared and filed counter claim seeking a declaration that the gift deed executed in his favour is valid. The suit of the plaintiff was dismissed for default. The counter claim was decreed ex parte. Thereafter, the plaintiff in the suit carried the matter to the appellant Court i.e. Court of the District Judge, Baleswar by preferring R.F.A. No. 29 of 2011. During pendency of the appeal, the present petitioner, i.e., respondent No.1 in the appeal sold some lands to some parties. An application was filed, which was allowed. It was directed by invoking the powers under Order 1 Rule 10 of the C.P.C. that the lis pendens purchasers be added as parties to the appeal. The matter was carried to the High Court in W.P. (C) No. 7012 of 2012 and this Court as per the order dated 19.03.2013 upheld the order passed by the learned District Judge. The present petitioner has preferred appeal against such order, which is registered as Writ Appeal No. 261 of 2013, which is still pending.