SHIV KUMAR Vs. SHAREEF AHMED

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned order dated 4-10-2006 passed by respondent no. 2-Prescribed Authority Kotdwar (Pauri Garhwal) in P.A.Case No. 1 of 2005, Shareef Ahmed v. Arun Kumar (Annexure-4 to the petition), whereby the application (paper no. 35-C) moved by the petitioners under Order 1, Rule 10(2) C.P.C. for impleadment was rejected.

(3.) A perusal of the record shows that release application under Section 21(1)(a) of the U.P.Act No. 13 of 1972 was filed by Shareef Ahmed son of late Shabbir Ahmed against Arun Kumar, who is respondent no. 3 herein for release of disputed shop. It is not disputed that father of the respondent no. 3 Arun Kumar namely Ram Kishan was also predecessor of the applicants-petitioners. Said Ram Kishan was a tenant of the father of Shareef Ahmed (the petitioner), who inherited the disputed shop from his father on his death and has filed the release application.