VENUGOPAL SWAMY ENTERPRISES Vs. MUNIYAPPA

JUDGEMENT

(1.) The present writ petition is filed under Article 227 of the Constitution of India seeking to set-aside the order dtd. 12/12/2022 passed on I.A.No.V for impleading the petitioner as defendant No.5 in O.S.No.1001/2021 on the file of the Principal Senior Civil Judge and JMFC, Devanahalli, Bengaluru Rural District (for short, 'the trial Court').

(2.) Brief facts giving rise to filing of this petition are that the respondent No.1 has filed O.S.No.1001/2021 praying to declare that he is in peaceful possession of the suit schedule property having perfected his title by way of adverse possession. During the pendence of the said suit, the petitioner herein has filed I.A.No.5 under Order I Rule 10(2) of the CPC seeking permission to come on record as defendant No.5. The said application came to be rejected by the trial Court vide order dtd. 12/12/2022. Being aggrieved by the rejection of the said application, the present petition is filed.

(3.) Sri. Naik N.R., learned counsel for the petitioner submits that petitioner has filed an application under Order I Rule 10 (2) read with Sec. 151 of the CPC seeking permission to come on record as defendant No.5 in the suit filed by respondent No.1-plaintiff seeking prayer to declare that the plaintiff is an absolute owner in peaceful possession of the suit schedule property by way of adverse possession. The said application came to be rejected by the trial Court without considering the fact that on earlier occasion the petitioner was a lessee of the subject land which was leased by the respondent- authorities for a period of five years from 2004 to 2009, thereafter, he sought extension of lease, which was not considered. Hence, he filed the writ petition in W.P.No.46591/2019 before this Court and this Court directed the respondent-authorities to consider the representation for renewal of lease and the same is pending consideration. In the meanwhile, respondent No.1 herein has filed the suit seeking to declare him as an absolute owner and is in peaceful possession of the schedule property by way of adverse possession, which effects the rights of the petitioner and hence, the petitioner is a proper and necessary party to the suit proceedings. Hence, he seeks to allow the writ petition by permitting the petitioner to come on record in the said suit.