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2023 Supreme(Raj) 595

PUSHPENDRA SINGH BHATI
Geeta Gehani, D/o. Ram Gehani, Through Power Of Attorney Holder Bharat Desai – Appellant
Versus
Harsh Gehani, S/o. Ram Gehani – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arpit Surana.
For the Respondents: Mr. Shreyansh Mardia, Mr. Karan Parihar.

JUDGMENT :

1. This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs:

    “It is, therefore, respectfully prayed that this Writ Petition may kindly be accepted and allowed; A) By an appropriate writ, order or direction the impugned order dated 08.02.2023 (Annex.4) passed by PASSED BY SHRI PRAVEEN CHOUHAN, RJS, SENIOR CIVIL JUDGE MOUNT ABU RAJASTHAN IN CIVIL ORIGINAL SUIT NO.5/2016 Harsh Gehani Versus Harjeet Gujaral may kindly be quashed and set aside and the application filed by petitioner for impleading party Plaintiffs:-defendant Under Order 1 Rule 10 C.P.C. may kindly be accepted and allowed.

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the respondent no.1-landlord instituted a suit before the learned Senior Civil Judge, Mount Abu against the respondent no.2-tenant for eviction and recovery of arrears of the rent in relation to the premises in question.

2.1. During pendency of the aforesaid suit, the petitioner filed an impleadment application under Order 1 Rule 10 read with Section 151 CPC before the learned Court below, stating therein that the property in questi

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