SUJATA Vs. PANCHAYAT DEVELOPMENT OFFICER

JUDGEMENT

(1.) Heard the petitioner's counsel and notice issued to the respondent was served.

(2.) The prayer sought in this writ petition to set aside the order dtd. 5/9/2015 passed by the Civil Judge and JMFC, Laxmeshwar, rejecting the I.A.No.III in O.S.No.132/2013 vide Annexure-A and to allow I.A.No.III filed under Order III Rule 2 read with Sec. 151 of Code of Civil Procedure, 1908 (for short, 'CPC') in O.S.No.132/2013 on the file of the Civil Judge and JMFC, Laxmeshwar.

(3.) The main contention of the petitioner before this Court is that one Arjunappa Chavan and Neelappa Chavan were the owners of the property bearing R.S.No.118/1 measuring 7 acres 39 guntas of land and they have converted the said land into non- agricultural purpose and formed residential plots. That the respondent/defendant passed a resolution dtd. 12/1/2000 in its Gram Panchayat Meeting No.6 and allotted the Plot Nos.743/11/A/B/C/D/E/F/G/H and i.e., another Plot Nos.743/2/A/B/C and further mutated the names of the owner in respect of said Plots. That on 2/2/2012, the petitioner/plaintiff has purchased the northern side of plot No.743/2C under a registered sale deed dtd. 2/2/2012 and the name of the petitioner is entered in respect of suit property as V.P.C.No.743/2C/1 and the petitioner is in possession and enjoyment of the suit property. On 10/10/2013, the respondent without there being any right, title or interest over the suit property, tried to obstruct the petitioner's possession and enjoyment of the suit property with a political motive. Hence, the petitioner approached the Court seeking for a relief of permanent injunction in O.S.No.132/2013. The petitioner executed a Special Power of Attorney in favour of one Sri Santosh S/o. Neelappa Chavan authorizing him to appear and contest the suit O.S.No.132/2013. On the basis of said the Special Power of Attorney, he filed an application I.A.No.III under Order III Rule 2 Read with Sec. 151 of CPC seeking permission to lead evidence on behalf of petitioner/plaintiff. The respondent filed objections to I.A.No.III. the Trial Court rejected the same. Hence, the present petition is filed before this Court.