ANGADI NARAYANAPPA Vs. S.K. SANJEEVI AND ORS.

JUDGEMENT

(1.) The writ petition is listed for preliminary hearing in "B" Group along with an application filed by the respondent Nos. 1 and 2 who are plaintiffs in O.S. No. 247/2012 seeking vacating of the interim order granted by this Court on 2.2.2016. Briefly stated, the facts are that respondent Nos. 1 and 2 herein are the plaintiffs in O.S. No. 2471/2012 which is pending on the file of the City Civil Court at Bengaluru City. That suit has been filed by them seeking inter alia, specific performance of agreement to sell dated 7.6.2001. The petitioner herein filed an application seeking impleadment in the said suit. By the impugned order dated 21.11.2014 passed on I.A. No. 4, the Trial Court has dismissed the said application. Being aggrieved by the same, this writ petition has been preferred.

(2.) I have heard learned Counsel for the petitioner and learned Counsel for respondent Nos. 1 and 2 who are the contesting respondents who have filed the application (I.A. No. 1/16) and learned Counsel for respondent Nos. 3 to 7, 14 and 15 and perused the material on record.

(3.) Though during the course of submission, learned Counsel for respondent Nos. 1 and 2 brought to my notice the fact that the applicant herein claiming to be an agricultural tenant of the defendant Nos. 1 and 6 in the suit had filed an application in Form No. 7A seeking grant of occupancy rights, the said proceeding has not yet been completed. In fact, there was a grant of occupancy rights earlier. Thereafter, this Court had remanded the matter to the Assistant Commissioner. Before the Assistant Commissioner, the defendant No. 1 virtually conceded the case in favour of the petitioner herein. That order has been challenged before the appellate authority and it is pending adjudication. Therefore, at this stage the applicant has no interest in the suit schedule property.