SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Raj) 1121

DINESH MEHTA
Tikam Singh S/o Shri Chail Singh Gehlot – Appellant
Versus
Ramesh S/o Sh. Mohan Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Lalit K. Purohit, Advocate

JUDGMENT :

Dinesh Mehta, J.

1. By way of present writ petition, the petitioner has laid challenge to the order dated 13.04.2017, passed by the learned Additional Civil Judge (JD) No. 2, Jodhpur Metropolitan, Jodhpur, whereby petitioner’s application, under Order I Rule 10 of the Code of Civil Procedure seeking impleadment, has been rejected.

2. The facts, in a nut-shell, are that the plaintiff Ramesh s/o Mohan Singh filed a suit for mandatory and permanent injunction against the Municipal Corporation, Jodhpur, seeking an order of restraint qua the Municipal Corporation from interfering in his possession and construction raised on the disputed land.

3. The petitioner filed an application dated 13.04.2017 in aforesaid suit proceedings, inter alia, contending that the plaintiff has encroached upon public land, in front of his house. The applicant also indicated therein that the action of removal of encroachment by the Municipal Corporation is a result of his pursuation.

4. Learned Trial Court while rejecting petitioner’s application, observed that petitioner’s presence is not necessary for the proper adjudication of the issues involved in the suit, plaintiff has not sought any relief again






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top