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2022 Supreme(Raj) 2113

DINESH MEHTA
Wasim Akram Pathan – Appellant
Versus
Ganga Bai – Respondent


Advocates appeared:
Mr. Rajendra Singh Rathore, for the Appellant.

ORDER

1. By way of the present writ petition the petitioner has challenged the order dated 08.12.2020 passed by learned Additional District Judge No.3, Udaipur (hereinafter referred to as the 'trial Court').

2. Precisely narrated the facts germane for the present case are that the plaintiffs - respondents No.1 to 3 herein instituted a suit for partition and injunction in relation to their ancestral property.

3. In the suit aforesaid, which was filed in the year 2019, the petitioner moved an application on 14.02.2020 seeking his impleadment inter alia asserting that he has acquired right and interest in the property in furtherance of an agreement to sell dated 10.04.2019.

4. Petitioner's aforesaid application has been rejected by the trial Court inter alia observing that the suit in question is that of partition, in which petitioner claiming to be in possession on the basis of an agreement to sell cannot be permitted to intervene.

5. While rejecting petitioner's application the trial Court has clearly observed that neither the agreement in question is registered nor appropriate stamp duty has been paid thereupon.

6. Learned counsel for the petitioner argued that the learned trial Cour

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