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2018 Supreme(All) 167

MANOJ KUMAR GUPTA
SUSHIL KUMAR – Appellant
Versus
HARIHAR PRASAD – Respondent


Advocates Appeared:
Sharad Kumar Purwar and Shashikant Mishra for the Petitioners; Manoj Kumar Singh for the Respondents.

JUDGMENT

Hon’ble Manoj Kumar Gupta, J.—The instant petition is directed against the order dated 11.10.2017 passed by District Judge, Jaunpur dismissing Civil Revision No. 111 of 2016 and the order dated 20.10.2016 passed by Additional Civil Judge (Senior Division), First, Jaunpur allowing an application 55 Ka filed by respondent No. 13 seeking impleadment as a party defendant. The trial Court has entered a specific finding in the impugned order that the suit property 113 Kha is minjumla number of plot No. 113, which according to the revenue records is still joint. Santra Devi, who filed the application for impleadment, has purchased the share of Harihar Prasad, one of the defendants in the suit, by registered sale-deed dated 3.9.2013. It has also been observed that in respect of house No. 7, which lies over the disputed land, which the plaintiff-petitioners claim to be their property, name of Santra Devi stands recorded vide Paper No. 38 Ga. Having regard to these facts, the trial Court has held that presence of Santra Devi in the suit, wherein prohibitory injunction has been sought restraining the defendants from interfering in the right of the plaintiffs to raise construction over

















































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