GANGADHAR BEHERA Vs. JOGENDRA BEHERA

JUDGEMENT

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

(2.) Order dtd. 2/11/2023 (Annexure-1) passed by learned 1st Additional Senior Civil Judge, Balasore in I.A. No.187 of 2019 (arising out of Execution Case No.17 of 2018) is under challenge in this CMP, whereby an application filed by the 3rd party interveners under Order 1 Rule 10 CPC to be impleaded as parties to the execution proceeding, has been allowed.

(3.) Mr. Nayak, learned counsel for the Petitioner submits that C.S. No.142 of 1996 was disposed of on compromise. During pendency of the execution proceeding, an application under Sec. 47 CPC was filed. When the said application was pending for consideration, Opposite Party Nos.7 to 11 as 3rd party interveners filed an application under Order 1 Rule 10 CPC to be impleaded as parties to the execution proceeding. Although detailed objection was filed by the Petitioner, who is one of the D.Hrs, learned executing Court allowed the said application by a cryptic order under Annexure-1 without taking note of the objection filed by the Petitioner. Hence, this CMP has been filed.