JOHAN LAWRENCE LEWIS Vs. CHANTAR GRAMA PANCHAYAT

JUDGEMENT

(1.) These writ petitions are filed praying to set aside the order dated 4-2-2009 passed by the III Additional Civil Judge (Junior Division), Udupi, on LA. Nos. 3 and 4 filed under Order 1, Rule 10(2) read with Section 94(e) and Section 151 of the Code of Civil Procedure, 1908 in O.S. No. 24 of 2009 as per Annexure-A wherein the respondents 2 to 16 have been impleaded as defendants in the said suit.

(2.) It is the case of the petitioner that he purchased the plaint schedule property under a registered sale deed dated 7-10-2005. After purchase of the said property, he made an application for fixing the boundaries of the property purchased by him. The Tahsildar ordered for measurement of the land for fixing the boundaries through a surveyor. Further, it was contended that the suit schedule properties were converted for non-residential purpose. IT is alleged by the petitioner that the first respondent-Grama Panchayat attempted to form the road on the western side of the land bearing Sy. No. 121/2 forcibly and Jelly stones are also dumped near the plaint schedule property. When the petitioner enquired with the workers, they told that the Panchayat will form the road by encroaching the property belonged to the petitioner. Hence, the petitioner filed a suit in O.S. No. 24 of 2009 seeking for injunction restraining the first respondent from forming the road in the suit schedule property. The petitioner has contended that without acquisition, the property of the petitioner cannot be encroached for formation of the road.

(3.) The learned Civil Judge (Junior Division), Udupi was pleased to allow the applications I.A. Nos. 3 and 4 by its impugned order dated 4-2-2009 and ordered to implead the applicants 2 to 16 as defendants 2 to 16 in O.S. No. 24 of 2009, holding that they are necessary and proper parties to the suit. Being aggrieved by the order passed by the Civil Judge on I.A. Nos. 3 and 4, the petitioner filed the present writ petitions challenging the said order.