RACHANA DOSHI Vs. TAHIRABI

JUDGEMENT

(1.) The captioned writ petition is filed by the impleading applicants feeling aggrieved by the impugned order dtd. 31/3/2021 passed on I.A.Nos.16 to 31.

(2.) For the sake of convenience, the parties are referred to as per their rank before the Trial Court.

(3.) Original plaintiff Smt. Tahirabi, instituted a suit seeking declaration that she is the absolute owner of the suit schedule property and also questioned the general power of attorney dtd. 2/1/1996 in favour of defendant No.1 executed by the children of plaintiff as not binding on her. Further declaration was also sought questioning the sale deed in favour of defendants 2 and 4. She also sought a declaration to declare all subsequent transactions as illegal and not binding on her. Pending consideration of the suit, the present impleading applicants have filed separate impleading applications seeking leave of the Court to come on record. The impleading applicants claimed that the fourth defendant-association resolved to secure lands for formation of residential sites and accordingly, entered into a memorandum of association with defendants 1 and 2 and in terms of the same, defendants purchased the lands and formed the layout called as "BEML Soudha New layout". Thereafter, the said layout was handed over to the fourth defendant-association. The impleading applicants further contended that before forming a layout, the land was converted. Therefore, the impleading applicants contended that they have purchased respective sites from fourth defendant- association and their names are duly mutated to the property extracts. The impleading applicants further claimed that they are paying tax and are in exclusive possession of the respective sites purchased under the sale deeds. The said application was contested by the plaintiffs by filing detailed objections by denying the transactions between fourth defendant and the impleading applicants. Plaintiff contended that the impleading applicants are neither necessary party nor proper party and therefore, prayed for rejection of the application.