KARUNAKAR MOHANTY Vs. SUBHASINI PATRA

JUDGEMENT

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

(2.) This CMP has been filed for a direction for early disposal of CS No.02 of 2016 and CS No.65 of 2017 pending in the Court of learned Civil Judge (Senior Division), Gunupur.

(3.) It is submitted by Ms. Jena, learned counsel for the Petitioner that both the suits have been filed for partition. In CS No.65 of 2017, preliminary decree has already been passed without impleading the present Petitioner as a party, who is also a co-sharer. Accordingly, an application under Order I Rule 10 (2) CPC was filed in the final decree proceedings, which was disposed of vide order dtd. 5/1/2019 directing the Plaintiff therein to implead the present Petitioner as a Defendant. The said direction was not carried out intentionally by the Plaintiff to harass the Defendants. The Petitioner is aged about 72 years. He has also filed a suit, i.e., CS No.02 of 2016 for partition of the self-same property, which is pending before the same Court. She, therefore, submits that interest of justice will be best served, if both the suits are taken up analogously and a common judgment and decree is passed.