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2019 Supreme(Kar) 102

ALOK ARADHE
P. V. SRINIVAS – Appellant
Versus
UMER FAROOQUE UDYAWAR – Respondent


Advocates:
Advocate Appeared:
C. Shankar Reddy, Adv., B.G. Sriram, Adv., G. Manivannan, Adv., Ravi L Vaidya, Adv.

JUDGMENT

ALOK ARADHE, J.

1. The petitions are take up for hearing with the consent of the parties. Same is heard finally. Mr. Sriram B. G., learned counsel appearing for respondent No.7, is permitted to retire from the case.

2. The petitioners have assailed the validity of the order dated 29.11.2013 passed by the trial Court by which an application filed by the respondent No.11 for its impleadment as plaintiff No.8 in the suit, has been allowed.

3. The facts giving rise to filing of these petitions briefly stated are that the plaintiffs 1 to 7 had filed the suit seeking the relief of declaration of title. During the pendency of the suit, they sold the suit property in favour of the respondent No.11 by a registered sale deed. Thereupon, respondent No.11 filed an application under Order I Rule 10 of the Code of Civil Procedure, 1908, on the ground that during the pendency of the suit, the suit property has been assigned in its favour by virtue of a sale deed. The aforesaid application has been allowed by the trial Court. In the aforesaid factual background, this petition has been filed.

4. The learned counsel for the petitioners submitted that the trial Court ought to have appreciated tha








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