SK. SADIK Vs. MIR ABDUL KALAM & ORS.

JUDGEMENT

(1.) This Civil Miscellaneous petition is at the instance of third party/petitioner challenging an order dated 18.09.2014 in C.S. No. 4/85 of 1970/1968-1 (final decree) passed by Civil Judge (Senior Division), Balasore rejecting an application under Order 1, Rule 10 read with Order 22, Rule 10 (1) of the Civil Procedure Code filed by the petitioner.

(2.) Short recitals involved in the case is that the opposite Party Nos. 4 to 22 as plaintiffs instituted C.S. No. 4/85 of 1970/1968-1 pending now in final decree proceeding in the court of Civil Judge (Senior Division), Balasore impleading rest of the opposite parties as defendants praying therein for partition of suit schedule properties and for other consequential reliefs. The suit was decreed vide judgment and decree dated 08.09.1975 and 16.09.1975 respectively. In appeal, this Court vide judgment dated 24.6.1993 in RFA No. 195 of 1975 modified the judgment and the judgment and decree is now pending in final decree proceeding.

(3.) During pendency of the Final Decree Proceeding, the present petitioner claiming that he has purchased a part of the disputed property from one Abdul Rahat-Opp.Party. No. 30 by registered sale deed No.325 dated 21.04.2009 and it is on this basis the petitioner wanted to be a party in the Final Decree proceeding in order to protect his property by filing an application under Order 1, Rule 10 Civil Procedure Code read with under Order 22, Rule 10 (1) of the Civil Procedure Code. Contesting the said application, the present Opp.Party Nos. 1 to 3 filing objection inter-alia contended therein that since the present petitioner purchased the land in violation of the order of statusquo continuing in the matter, the so called purchase is illegal for the reasons that his vendor had no right to sale the property at that point of time as the disputed property was under an order of statusquo.