MANU MARK IMAM Vs. NASIRA GHORI

JUDGEMENT

(1.) The application filed by the petitioner under Order 1 Rule 10(2) of Code of Civil Procedure impleadment came to be rejected by the order dated 05.11.2018 passed on I.A.No.1 made in O.S.No.58/2018 on the file of the Civil Judge and JMFC at Jagalur.

(2.) The respondent No.1 who is the plaintiff before the trial Court filed the suit for declaration of his title and permanent injunction against respondent Nos.2 and 3/defendant Nos.1 and 2 in respect of the suit property more particularly described in the schedule i.e., house property and open site bearing K.No.85 measuring 112 x 28 feet, situated at Hanumanthapura Gollarahatti village, Jagalur taluk contending that the plaintiff is the owner in possession and enjoyment of the suit property and the defendants have no manner of title to interfere with the same. The defendants have not filed any written statement.

(3.) During the pendency of the suit, the present petitioner/impleading applicant filed an application under Order 1 Rule 10(2) of the Code of Civil Procedure to implead him as defendant No.3 as he has got right title over the vacant land in the suit property and contending that he is the owner of the land bearing Sy.No.388/P1, later rephoded as 388/2, measuring 1 acre 16 guntas by excluding the kharab of 12 guntas of Jagalur Taluk and previously the said land along with other properties were allotted to the share of his father late Hamza J.Imam and also contended that he is the necessary and proper party to the present suit. The said application was resisted by the plaintiff by filing objections. The trial Court considering the application and objections, by the impugned order dated 05.11.2018, rejected the application. Hence, the present writ petition is filed.