DOREYAPPA Vs. ANDANAPPA

JUDGEMENT

(1.) This petition by the impleading applicant in O.S.No.201/2016 on the file of the Principal Senior Civil Judge and CJM, Shivamogga is directed against the impugned order dtd. 17/12/2022 passed on I.A.No.10, whereby the said application filed by the petitioner-impleading applicant under Order 1 Rule 10 CPC seeking impleadment as additional defendant No.3 in the suit was rejected by the Trial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that respondent No.1- plaintiff instituted the aforesaid suit against respondent Nos.2 and 3 for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by respondent Nos.2 and 3-defendants. During the pendency of the suit, the petitioner herein claiming independent right, title, interest and possession over the suit schedule property filed the instant application seeking impleadment as additional defendant No.3 to the suit. The said application having been opposed by respondent No.1-plaintiff, the Trial Court proceeded to pass the impugned order rejecting I.A.No.10 by holding as under: