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2024 Supreme(P&H) 265

ALKA SARIN
Hari Ram – Appellant
Versus
Sitaram – Respondent


Advocates appeared:
For the Parties : Mr. Devender Arya, Mr. Gaurav Sethi, Mr. Vasu Gupta, Mr. Baani Chhibber Mahajan

Judgment

Mrs. Alka Sarin, J.

The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 13.10.2022 (Annexure P-4) whereby the application filed by the petitioner under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (CPC) for being impleaded as a defendant in the suit has been dismissed, as also for challenging the order dated 26.05.2022 (Annexure P-5) whereby the interim injunction has been granted in favour of the plaintiff-respondent No.1 restraining the defendant-respondent Nos.2 and 3 not to demolish the encroachment except in due course of law till the filing of the written statement.

2. The case set up in the application (Annexure P-2) is that the plaintiff-respondent No.1 has filed a suit by concealing facts and in connivance with the Municipal Committee, Mahendergarh. It is averred in the application that between the house of the plaintiff-respondent No.1 and the petitioner herein, there is a 6 feet wide and almost 27-28 feet long street of the Municipal Committee which is a part of Street No.22 of the Municipal Committee and on the said street the plaintiff-respondent No.1 had made paved road/street by putting

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