Khulana Malik And Others vs Jaganath Malik And Others
2023 Latest Caselaw 156 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    RSA NO.109 OF 2022

             Khulana Malik and Others                ....                  Appellants
                                                                    Mr.D.P.Mohanty,
                                                                           Advocate

                                              -versus-

             Jaganath Malik and Others               ....                  Respondents
                                                                    Mr.K.C.Satapathy,
                                                                            Advocate


                       CORAM:
                       MR. JUSTICE D.DASH
                                             ORDER

04.01.2023 Order No.

03. 1. This matter is taken up through hybrid arrangement

(virtual/physical) mode.

2. These Appellants, being not the parties to the original suit as

well as the First Appeal, have presented this Memorandum of Appeal

under section 100 of the Code of Civil Procedure with an application

seeking leave to them to file and pursue the Appeal since they being

necessary parties to the suit, the judgments and preliminary decree passed

by the Courts below have been passed behind their back and they have

been prejudicially affected thereby as their rights have been ignored.

3. It has been stated that in the said suit filed by the Respondent

No.1, as the Plaintiff, the earlier judgment and decree passed in Title Suit

No.531/41 have not been placed and rather those have been suppressed

// 2 //

for the reasons best known to the parties to the present suit. It is further

stated that since in that earlier suit of the year 1941, the two sale deeds

dated 12.02.1940 and 25.06.1941 upon which the Plaintiff presently

bases his claim had been declared void and those have been again

projected by the Plaintiff here in the suit as valid; these Appellants have

been deprived of their valuable right over the property.

4. In course of hearing, learned counsel for the Appellant prays for

withdrawal of this Appeal so as to file appropriate application in the final

decree proceeding of C.S. No.191 of 2011 for appropriate adjudication of

all those issues seeking further order in accordance with law.

5. Learned counsel for the Respondents does not dispute the

position that the suit is still pending in the final decree stage. He,

however, submits that it is open for these Appellants to file appropriate

application in the said proceeding raising all their grievances and

contentions for their redressal in accordance with law.

6. In view of submission as above; this Appeal stands disposed of

granting liberty to the Appellants to move the Trial Court in sesin of the

final decree proceeding in C.S. No.191 of 2011 raising all their

grievances and contentions for their consideration and disposal in

accordance with law.

// 3 //

7. All the original certified copies of the orders and documents filed

in this Appeal be returned to the learned counsel for the Appellants on

substitution of attested photo copies thereof.

(D. Dash) Judge Gitanjali