HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 4135 / 2018

1. Abdul Rasheed Son of Shri Abdul Shakoor, Aged About 45 Years

2. Smt. Amina Wife of Abdul Rasheed, Aged About 42 Years

3. Khurshida @ Kurshida Wife of Abdul Majid, Aged About 44 Years

4. Abdul Majid Son of Abdul Shakoor, Aged About 50 Years, All by

Caste Musalman, Resident of Plot No. 01, Sindhi Musalman Basti,

Masuria-II, Jodhpur.

----Petitioners

Versus

1. L.Rs. of Smt. Ataiya Begum Wife of Late Shri Ataur Rehman

Modi:- , Since deceased through legal representatives-

1/1. Mohammed Shahid Son of Late Shri Ataur Rehman Modi,

Resident of 61, Residency Road, Jodhpur.

1/2. Mohammed Jahid Son of Late Shri Ataur Rehman Modi,

Resident of 61 Residency Road, Jodhpur.

1/3. L.Rs. of Habibur Rehman,-

1/3/1. Smt. Chand Wife of Late Habibur Rehman, Resident of 61

Residency Road, Jodhpur.

1/3/2. Hala Sultana Daughter of Late Shri Habibur Rehman,

Resident of U.S.A. Through General Power of Attorney Mohammed

Jahid Son of Late Shri Ataur Rehman Modi, Resident of 61

Residency Road, Jodhpur.

1/3/3. Humayu Modi Son of Late Shri Habibur Rehman, Resident

of B-169, L.H. England.

2. Abdul Matin Modi Son of Late Mohd. Umar Modi, Resident of B-

169, L.H. England.

3. Smt. Ajija Begum Wife of Shri Abdul Quadus Modi, Resident of

Plot No. 1, Masuria Section 2, Opp. Hanwant School, Jodhpur.

4. L.Rs. of Abdul Qudus Modi Son of Shri Mohammed Yusuf

Modi:- , Since deceased through legal representatives-

4/1. Mohammed Suleman Son of Late Shri Abdul Qudus

4/2. Smt. Sajjo @ Sajada Wife of Shri Mohammed Tahir Daughter

of Late Shri Abdul Qudus, By Caste Musalman, Resident of Behind

Teliyan Masjid, Sojati Gate, Jodhpur.

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4/3. Mohammed Imran Son of Late Shri Abdul Qudus

4/4. Mohammed Irfan Son of Late Shri Abdul Qudus

4/5. Mohammed Farjan Son Late Shri Abdul Qudus

4/6. Mohammed Shakeel Son of Late Shri Abdul Qudus, All by

Caste Musalman, Resident of Opp. Hanwant School, Jodhpur.

4/7. Smt. Jayada Wife of Shri Mujafar Ali Son of Late Shri Abdul

Qudus, By Caste Musalman, Resident of Near Silawatan Masjid,

Sojati Gate, Jodhpur.

----Respondents

_____________________________________________________

For Petitioner(s) : Mr. Rajesh Shah

For Respondent(s) : Mr. Jitendta Chopra

_____________________________________________________

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

25/04/2018

1.

The petitioners have preferred this writ petition under

Article 226 & 227 of the Constitution of India claiming the

following reliefs:

“(a) By an appropriate writ, order or direction, this petition may kindly be

allowed with costs and the impugned order dated 15.01.2018 (Annexure-5)

passed by the learned court of Additional District Judge No.1, Jodhpur

Metropolitan in Civil Original Suit No.119/1988 Lrs. Of Ataiya Begum & Ors.

Vs. Smt. Ajeeja Begum & Ors. may kindly be set aside and the applicatino of

the petitioners under Order 22 Rule 10 read with Section 151 of Civil

Procedure Code may kindly be allowed and accepted as prayed for.

(b) Any other appropriate order or direction, which this Hon’ble Court deem

just and proper be passed in favour of the petitioners.

(c) Costs of the writ petition may kindly be allowed to the petitioners.”

2.

The petitioners are subsequent purchasers of the

property in question and are seeking impleadment as party

respondent in the suit proceedings by way of filing an application

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under Order 22 Rule 10 CPC. The plain