ANIL SHARMA Vs. POONAM SHARMA & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order passed by the trial court dated 28.1.2013 by which the trial court has allowed an application under Order 1 Rule 10 CPC of one Sh.Vinod Kumar Sharma and impleaded him as defendant no.4 in the suit. In fact by the impugned order besides Sh.Vinod Kumar Sharma being impleaded as defendant no.4, the brother of Sh.Vinod Kumar Sharma i.e Sh.Pramod Kumar Sharma has been impleaded as defendant no.5.

(2.) The subject suit is a suit for partition and injunction with respect to the property no.34, Block Q, Double Story, Lajpat Nagar IV, New Delhi. The case of the applicant Sh.Vinod Kumar Sharma as also his brother Sh.Pramod Kumar Sharma is that they are in exclusive physical possession of the suit property and in their absence as parties in the suit, their valuable rights in the suit would be affected. The applicant Sh.Vinod Kumar Sharma and his brother Sh.Pramod Kumar Sharma claimed to be in possession of the suit property pursuant to a title, and which title is very emphatically denied by the parties to the suit.

(3.) I am informed that the suit, in fact, has been compromised between the parties to the suit and the petitioner/defendant no.1 has been given by the other parties the complete right, title and interest in the suit property.