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2023 Supreme(Raj) 138

NUPUR BHATI
Hari Chand Suthar S/o Sh. Hukmaram – Appellant
Versus
Rehmat W/o Late Sh. Guam Kadir Junea – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Muktesh Maheshwari Mr. Adan Choudhary
For the Respondent: Mr. S.S. Ladrecha & Mr. Devendra Singh Mr. M.S. Purohit

ORDER :

1. The present writ petition has been filed under Article 226/227 of the Constitution of India with the following prayers:-

    “I. by an appropriate writ, order or direction, the order dated 04.03.2016 (Annex.4) passed by the learned Civil Judge, Bikaner kindly be quashed and set aside and the application filed by the applicant under Order 1 Rule 10 C.P.C. may kindly be allowed in toto as prayed for.

II. Consequence thereof, the petitioner/applicant may be impleaded as party in the civil suit pending before the learned Court below and trial Court be directed to proceed in the matter while taking written statement and evidence by the petitioner on record.

III. Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.

IV. Cost of the writ petition may kindly be awarded to the petitioner.”

2. The brief facts of the case are that the respondent No.1-plaintiff filed a suit for permanent injunction against the respondent No.2 alleging that the plaitniff had purchased a plot ad measuring 1400 sq. ft. at Kanta Kathuriya Colony, Bikaner through registered sale-de

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