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2021 Supreme(MP) 108

VISHAL MISHRA
Rajendra Singh – Appellant
Versus
Shankar Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J.S. Rathore
For the Respondent: G.S. Sharma, Komal Chand Jakhodia and A.S. Bhadoriya, Panel Lawyer

JUDGMENT :

Vishal Mishra, J.

1. With the consent of the parties, the matter is finally heard through Videoconferencing.

2. This misc. petition under Article 227 of the Constitution of India has been filed challenging the order dated 7.5.2019 passed by the Third Civil Judge, Class-II, Morena, whereby the application filed by the petitioner under Order 1 Rule 10 read with Section 151 of CPC for impleading the party as defendant/respondent in the suit has been rejected.

3. It is argued that the plaintiff/petitioner has preferred a civil suit for declaration and permanent injunction with respect to title over the disputed agriculture land 1/2 part of survey No. 2979 area being 0.408 hectare situated in village Tichhola, Tehsil and District Morena. The respondent No. 1 denied the averments and filed the written statement. During the pendency of the civil suit the respondent no. 1/defendant has sold out the land to his son. The aforesaid fact came to the knowledge of the plaintiff when the respondent No. 1 and his son Pramod Singh came to the field and tried to take forcible possession of the crops being sown by the plaintiff saying that they have sold out the land to some other person. The

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