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Judgment
The matter has been listed from the defect side in view of the fact that name of the appellant does not tally with the description of the parties in the cause title.
Learned counsel for the applicant/appellant submits that though he is seeking vacation of the order dated 25 th February, 2015, but application of the appellant/applicant, seeking impleadment to the suit proceedings that was instituted on 3 rd May, 2016, is yet to be adjudicated upon.
Learned counsel would submit that application of the applicant has not been dealt with and adjudicated upon as yet for time was allowed to the plaintiff to file his response, posting the matter to 9th July, 2016, and thereafter, to 24th August, 2016.
According to the learned counsel, the application seeking impleadment of the applicant is not being adjudicated upon by the trial Court whereas the order dated 25 th February, 2015, is operating adverse to his interest.
Heard and considered.
The instant appeal proceedings instituted by the applicant while he has not been impleaded as a party to the suit proceedings; cannot be sustained.
Needless to observe that the applicant would make his efforts to have an adjudication by the Court below on the application seeking impleadment as party to the suit proceedings.
The Court below is expected to adjudicate upon the application for impleadement as expeditiously as possible, however, in no case later than two months from the date a certified copy of this order, is presented.
It is made clear that this Court is not adjudicated upon the legality or validity of order dated 25th February, 2015.
It will be open for the applicant to avail of legal remedy, in accordance with law, consequent upon adjudication of his application pending impleadment, if so advised.
With the observations and direction as indicated above, the civil misc. appeal as well as the stay application stand closed.