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