ORDER

This petition by the impleading applicant in R.A.No.68/2022 on the file of Senior Civil Judge and Prl.JMFC, Tarikere, is directed against the impugned order passed on I.A.No.3 filed under Order 1 Rule 10(2) CPC by the petitioner / impleading applicant, whereby the said application seeking impleadment in the appeal was rejected by the first appellate court.

2. Heard learned counsel for the petitioner and perused the material on record.

3. The material on record will indicate that the 2nd respondent – plaintiff instituted the suit in O.S.No.448/2019 against the 1st respondent – defendant for ejectment and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the 1st respondent. The trial court passed the judgment and decree dated 15.09.2022 decreeing the suit in favour of the 2nd respondent against the 1st respondent. Aggrieved by the said judgment and decree, the 1st respondent filed an appeal in R.A.No.68/2022, which is pending before the first appellate court. During the pendency of the said appeal, the petitioner herein claiming independent right, title, interest and possession over the suit schedule property, filed an applicat