JANKALYAN TELECOM COOP. STORE Vs. M.T.NL

JUDGEMENT

(1.) After hearing the matter upon remand and carefully scrutinizing the records, it appears that a misrepresentation was made before the learned Division Bench that on an application filed, BSNL was impleaded as Respondent in the Writ Petition. The record shows that though an application was filed by the Petitioner for impleadment of BSNL as party Respondent and reply to the said application was also filed by the BSNL stating therein that the Respondent MTNL has no concern with the property in question, the said application is yet to be disposed of.

(2.) Learned Division Bench in paragraph 15 of the remand order has directed this Court to decide whether the subject property belongs to MTNL or BSNL for the reason that if the property does not belong to MTNL, "it (BSNL) would be nobody to evict the Store", that is, the Petitioner herein.

(3.) It is, thus, deemed expedient to first decide the application under Order I Rule 10 of the Code of Civil Procedure filed by the Petitioner for impleadment of BSNL as Respondent No.3 by passing formal orders on the said application.