GURNAIT SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) By means of this Writ Petition under Article 227 of Constitution of India, petitioner has challenged the order dated 15.11.2018 passed by learned 1st Additional District Judge, Udham Singh Nagar in Civil Appeal No. 6 of 2018. By the impugned order, petitioner's application under Order 1 Rule 10 of C.P.C., seeking his impleadment in the Appeal filed by respondent Nos. 2 & 3 against the judgment & decree rendered by learned trial Court in favour of respondent No. 1 (Ashok Kumar), was rejected.

(2.) There is a property in Ward No. 17, Rudrapur, Tehsil Kichha, District Udham Singh Nagar, namely, R.R. Quarter Nos. 46 & 47. The said property has been subject matter of litigation. Suit No. 40 of 2002 was filed by one Mrs. Krishnawanti, mother of respondent nos. 1, 6 & 7, seeking permanent injunction against respondent no. 5. The said suit was dismissed by learned trial Court vide judgment & order dated 27.05.2005. Against the said judgment, Mrs. Krishnawanti filed Appeal No. 72 of 2006. During the pendency of the Appeal, Mrs. Krishnawanti passed away, consequently, her husband i.e. Mr. Hemraj & two sons, namely, Mr. Rajendra Kumar Chhabra and Mr. Satish Chandra Chhabra (respondent nos. 6 & 7 herein) were substituted in her place in the said Appeal, which was ultimately dismissed by First Appellate Court. The judgment rendered by First Appellate Court in the said Appeal attained finality in the absence of challenge by any of the legal heirs of Mrs. Krishnawanti. Thereafter, another Civil Suit, bearing Civil Suit No. 110 of 2007, was filed by respondent nos. 6 & 7 claiming title over the aforesaid property, in which Mr. Shyam Sunder (respondent no. 5 herein) and one Mr. R.B. Lal Saxena were impleaded as defendants. The said suit was dismissed vide judgment & order dated 19.08.2008, by holding that the suit is barred by res-judicata. The judgment rendered by learned trial Court in the said suit was never challenged before any higher forum, thus, attained finality. Thereafter, Mr. Ashok Kumar (respondent no. 1 herein) filed a suit for cancellation of sale deed and permanent injunction, in respect of aforesaid property, which was registered as Original Suit No. 133 of 2010. Respondent nos. 2 to 7 were impleaded as defendants in the said suit. The said suit filed by Mr. Ashok Kumar was decreed by learned trial Court vide judgment dated 31.01.2018 and it was held that plaintiff is the owner of the suit property. Respondent nos. 2 and 3, namely, Mr. Sanjay Grover and Smt. Sarita Grover challenged the said judgment & decree by filing regular Civil Appeal, which was registered as Civil Appeal No. 6 of 2018.

(3.) Petitioner filed an application under Order 1 Rule 10 of C.P.C., seeking his impleadment in the said Appeal, on the ground that petitioner's interest is vitally involved in the suit property, namely, R.R. Quarter Nos. 46 & 47 and petitioner has been impleaded as defendant in another suit filed by Mr. Sanjay Grover and Smt. Sarita Grover (respondent Nos. 2 & 3 herein), which is pending before learned Civil Judge (Senior Division), Rudrapur and is registered as Civil Suit No. 59 of 2013 and learned trial Court has passed an order directing the parties to maintain status quo.