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2024 Supreme(Online)(RAJ) 32374
[2024:RJ-JP:52264]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14054/2024 Bir Singh S/o Shri Chandagi Ram, Aged About 55 Years, R/o Village Jhund Saray Abad, Post Pantali Railway Station, Tehsil Farooq Nagar, District Gurugram, Haryana-122506.
----Petitioner Versus
1. Arpit Lodha S/o Shri Kamal Chand Lodha, R/o House No.
3767, Kundighar Bhairuji Ka Rasta, Johri Bazar, Jaipur Through Power Of Attorney Holder Ved Prakash S/o Shri Rajaraj. Aged Adult, R/o Plot No. 1269, Rani Sati Nagar, Jaipur.
2. Sanjay Bhandari S/o Shri Ramraj Bhandari, Aged About
58 Years, R/o House No. G-123, Ramanuj Path, Shyam Nagar, Jaipur.
3. Laxmi Jain W/o Subhash Jain, Aged About 61 Years, R/o C-127, Moti Marg, Bapu Nagar, Jaipur Through Power Of Attorney Holder Shri Sanjay Bhandari S/o Shri Ramraj Bhandari, Aged About 58 Years, R/o House No. G-123, Ramanuj Path, Shyam Nagar, Jaipur.
4. Pawan Jain S/o Shri Jaichand Lal Jain, Aged About 64 Years, R/o C-127, Moti Marg, Bapu Nagar, Jaipur Through Power Of Attorney Holder Shri Sanjay Bhandari S/o Shri Ramraj Bhandari, Aged About 58 Years, R/o House No. G-
123, Ramanuj Path, Shyam Nagar, Jaipur.
5. Sunil Jain S/o Shri Kailash Jain, Aged About 57 Years, R/o Anand Chambers, Indra Bazaar, Jaipur Through Power Of Attorney Holder Shri Sanjay Bhandari S/o Shri Ramraj Bhandari, Aged About 58 Years, R/o House No. G-123, Ramanuj Path, Shyam Nagar, Jaipur.
6. Pradeep Gangwal S/o Shri Dharmchand Gangwal, Aged About 63 Years, R/o Anand Chambers, Indra Bazaar, Jaipur Present Resident Of 129, Moti Marg, Bapu Bazaar, Jaipur Through Power Of Attorney Holder Shri Sanjay Bhandari S/o Shri Ramraj Bhandari, Aged About 58 Years, R/o House No. G-123, Ramanuj Path, Shyam Nagar, Jaipur.
7. Sanyukt Grah Nirman Sahakari Samiti Ltd., Jaipur Through Shri Vinod Gupta, Manager, Confed Nehru Bhawan, 22 Godam, Jaipur.
8. Station House Officer, Police Station Shyam Nagar, Kings Road, Nirman Nagar, Jaipur.
9. Deputy Police Commissioner South, Commisionarate, Government Hostel, M.i. Road, Jaipur.
10. Police Commissioner, Jaipur Metropolitan, Government Hostel, M.i. Road, Jaipur.
11. State Of Rajasthan, Through Home Secretary, Secretariat, Jaipur.
----Respondents For Petitioner(s) : Mr. Bhrigu Sharma For Respondent(s) : Mr. Ashutosh Bhatia HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
19/12/2024 This civil writ petition has been filed by the petitioner-
applicant (for short ‘the applicant’) against the order dated 18.07.2024 passed by Additional District and Session Judge No. 4, Jaipur Metropolitan-I, Jaipur whereby the application filed by the applicant under Order 1 Rule 10 read with Section 151 CPC for impleading him as party in the civil suit No. 14/2021 has been dismissed.
Learned counsel for the applicant submits that the respondent No.1-plaintiff (for short ‘the plaintiff’) filed a suit for declaration and permanent injunction against the respondent Nos. 2 to 11 in which applicant filed an application under Order 1 Rule 10 read with Section 151 CPC for impleading him as a party in the suit because applicant is co-tenant of Khasra No. 113 situated in Village Badarbas, Tehsil and District Jaipur. Jamabandi also shows that the applicant is a co-tenant. No such partition of the property in dispute by mets and bounds has been made by the revenue authorities. Late Shri Laduram was one of the co-sharer in Khasra No. 107, 110, 111 and 113 to 117 measuring 51 bigah 10 biswa and half of the share belonged to the co-sharer Late Dhanna, Kalu, Bhura Gopi and Mula. Co-sharers namely Late Dhanna, Kalu, Bhura Gopi and Mula had executed an agreement to sale with respondent No. 7-Sanyukt Grah Nirman Sahakari Samiti. That agreement was not within the knowledge of Late Shri Laduram. When this fact came into knowledge of Shri Lalluram and Smt Bodi (who were legal heirs of Late Shri Laduram), they filed a revenue suit for partition before the SDO-1, Jaipur in which preliminary decree of partition was passed. For disputed land, a Company Petition is pending before the National Company Authority, Jaipur in which Shri Lalluram was impleaded as a party and applicant was also impleaded as a party. So, the applicant is necessary a party in the present suit but the trial Court wrongly dismissed the application filed by the applicant. So, the petition filed by the applicant be allowed and direction be given to the trial court to implead the applicant as a party respondent for adjudication of the suit.
Learned counsel for the plaintiff has opposed the arguments advanced by learned counsel for the applicant and submits that the plaintiff had not sought any relief against the applicant. Plaintiff is already owner of the disputed property on account of registration of sale deed in his favour by the Court for satisfaction of the decree in execution No. 8/2010. By way of this suit, the plaintiff had sought relief against the respondent Nos. 2 to 11 only. So, the trial Court rightly dismissed the application filed by the applicant. So, the present petition filed by the applicant being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.
I have considered the arguments advanced by the learned counsel for the applicant as well as learned counsel for the plaintiff and perused the impugned order.
It is an admitted position that the name of the applicant was shown in the land of khasra No. 113 as a co-tenant. Applicant was also impleaded as a party in the company petition pending before the National Company Authority, Jaipur. So, in my considered opinion, trial court had committed an error in dismissing the application filed by the applicant under Order 1 Rule 10 read with Section 151 CPC. Applicant is necessary party for the adjudication of the suit filed by the plaintiff. So, the present petition filed by the applicant deserves to be allowed.
The present petition filed by the applicant is allowed. The order dated 18.07.2024 passed by the trial court is set aside and trial Court is directed to implead the applicant as a party respondent in the present suit.
Pending application(s), if any, stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J Tahir/250 Powerd by TCPDF (w.tcpdf.org)
