Orissa High Court
RSA/208/2017 on 7 January, 2021
RSA NO. 208 OF 2017
I.A. No. 4 of 2021
05. 07.01.2021 Due to outbreak of COVID-19, this matter is
taken up through Video Conferencing.
This is an application for impleation of lis
pendense purchaser, namely, Sri Biswajaya Dagara, as
party to the second appeal.
Heard Mr. Rath, learned counsel for the
petitioner-appellant.
None appears for the contesting respondents.
Taking into consideration the submission of
learned counsel for the petitioner-appellant, prayer is
allowed. Sri Biswajaya Dagara shall be impleaded as
respondent no.5 to the second appeal. Consolidated
cause title of the appeal memo shall be filed by
11.01.2021, as undertaken by learned counsel for the
petitioner-appellant.
The I.A. is accordingly disposed of.
.................................
K.R. Mohapatra, J.
RSA NO. 208 OF 2017
06 07.01.2021 Heard.
Issue notice to the newly added respondent no. 5
by Speed Post with A.D. fixing a short returnable date.
Requisites shall be filed by 11.01.2021.
Put up this matter immediately after the S.R. is
back.
.................................
K.R. Mohapatra, J.
I.A. No. 5 of 2021
07. 07.01.2021 Heard.
Issue notice as above.
Accept one set of process fee.
This is an application filed under Order 39
Rules 1 and 2 C.P.C. with a prayer to restrain the lis
pendense purchaser, namely, Sri Biswajaya Dagara-
respondent no.5, from making any construction over
any part of the suit property, i.e. Plot No. 20 under
Khata No. 325 corresponding to Mutation Khata No.
2/508, Plot No. 1450/2398 to an extent of Ac.0.113
decimals.
Mr. Rath, learned counsel for the petitioner-
appellant submits that the appellant is an old man. In
spite of the interim order dated 18.09.2019 passed in
Misc. Case No. 184 of 2018, the plaintiff-respondent
no.1 taking advantage of the impugned judgment and
decree sold the suit property to the newly added
respondent no. 5. It is his submission that the
defendant no.1-appellant is residing over the suit
property. After purchase, the respondent no.5 has
started demolition of a portion of the residential house
of the defendant no.1-appellant situated over the suit
property and is making endeavour to raise new
construction over the same. Due to the old age, the
appellant has become a mute spectator to it. It is his
submission that unless the respondent no.5 is
restrained from making any construction over the suit
property, the defendant no.1-appellant will be
seriously prejudiced and he will be homeless. It is his
further submission that signing of final decree
pursuant to the impugned judgment and decree has
been stayed by this Court. As such, the defendant
no.1-appellant should be protected during pendency of
the second appeal.
Taking into consideration the fact that the
respondent no.5 is a lis pendense purchaser and
shares pursuant to the impugned judgment and
preliminary decree are yet to be allotted in favour of
the plaintiff-respondent no. 1 together with the fact
that the defendant no.1-appellant is residing over the
suit property, this Court feels it proper to pass an ad
interim order of injunction. Accordingly, it is directed
that the newly added respondent no.5 shall not make
any construction over the suit property till the next
date.
Authenticated copy of this order downloaded from
the website of this Court shall be treated at par with
certified copy in the manner prescribed in this Court's
Notice No.4587 dated 25.03.2020.
.................................
K.R. Mohapatra, J.
bks
