AKEEL AHMAD Vs. AMIT MODI

JUDGEMENT

(1.) The present petition is filed challenging the order dtd. 27/9/2017 (hereafter 'impugned order dtd. 27/9/2017') and the order dtd. 16/7/2019 (hereafter 'impugned order dtd. 16/7/2019'), passed by the learned Additional District Judge, Tis Hazari Court, Delhi ('ADJ') in civil suit bearing No. 2386/1996.

(2.) Briefly stated, the facts of the case are that a Civil Suit bearing No. 2386/1996 was filed by one Ms. Swaran Lata d/o Sh. Harish Chand/ plaintiff seeking cancellation/ declaration and permanent injunction, claiming herself to be the owner of the property bearing No. 184, Saini Enclave, Vikas Marg, New Delhi (hereafter 'suit property'). The plaintiff claimed that she was a Sadhvi and remained unmarried throughout her life and that the defendants Nos. 1 to 6 (respondents in the present petition) had illegally occupied the suit property asserting that they had purchased the same from each other.

(3.) The petitioner had, on a previous occasion, filed an application under Order I Rule 10 of the CPC seeking impleadment in the suit in place of the plaintiff or in the alternative, as a co-plaintiff, on the ground that in an earlier suit bearing No. 752/1996 filed by the plaintiff against him, a compromise had been arrived at between the parties on 26/3/1997, which led to the execution of the abovementioned documents being, Agreement to Sell dtd. 28/6/1994 and the Will dtd. 4/3/1996. The said application came to be dismissed by the Court vide order dtd. 6/1/1999.