PRADEEP KUMAR ROUTRAY Vs. MIRA DEVI DASRAPURIA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Judgment dtd. 21/12/2022 (Annexure-1) passed by learned District Judge, Khurda at Bhubaneswar in FAO No.29 of 2022 is under challenge in this CMP, whereby dismissing the appeal, he confirmed the order dtd. 28/3/2022 passed by learned Senior Civil Judge (LR&LTV), Bhubaneswar in I.A. No.1 of 2020 (arising out of C.S No.1478 of 2020) dismissing an application under Order XXXIX Rules 1 and 2 C.P.C.

(3.) Mr. Bose, learned counsel submits that the Petitioner as Plaintiff filed the suit for partition, declaration and permanent injunction. Along with the plaint, the Petitioner also filed I.A. No.1 of 2020 under Order XXXIX Rules 1 and 2 C.P.C. Although both the Courts concurrently held that the Petitioner has a prima facie case, but due to non-impleation of co-sharers as parties to the suit as well as to the I.A, they refused to grant the prayer made in the petition under Order XXXIX Rules 1 and 2 C.P.C. Hence, this CMP has been filed.