BHAGIRATHI MAHALIK Vs. MARKANDA BARIK

JUDGEMENT

(1.) The defendant-petitioner has filed this writ petition assailing the order dated 24.10.2000 passed by the learned Civil Judge (Junior Division), Bhadrak in O.S. No. 310 of 1992 allowing the application filed by the plaintiffs-opposite parties under Order 1, Rule 10 of the Code of Civil Procedure (in short 'CPC') to add the third parties lis pendens purchases as plaintiff Nos. 2 and 3.

(2.) The short fact of the case is that opposite party No. 1 being plaintiff No. 1 filed a suit bearing O.S. No. 310 of 1992 in the Court of learned Civil Judge (Junior Division), Bhadrak seeking for permanent injunction simpliciter in respect of suit schedule plot, i.e. M.S. Plot No. 502 measuring an area Ac. 0.53 dec. under M.S. Khata No. 93 situated in mouja Baro under Tihidi Police Station in the district of Balasore. According to the plaintiff-opposite party No. 1, he is the rightful owner in respect of the suit land. One Rupa Mahalik was the Chowkidar and he was allotted with the case land and on abolition of Choukidary, the land was leased out by the Tahasildar permanently. Subsequently, after the death of Rupa, his son Bhairaba was the rightful owner in respect of the suit property.

(3.) The defendant-petitioner's case is that his father was also a Choukidar and he was in possession of the suit schedule property and the suit land was given to him and he is in possession of the land all through. Therefore, the plaintiff No. 1 filed the suit for permanent injunction against the defendant.