RAO MASHROOR KHAN Vs. SITA RAM

JUDGEMENT

(1.) Since common question of facts and law are involved in these two revisions, therefore, both the revisions are being decided by a common judgment and order.

(2.) Civil Revision No.73 of 2020 is directed against the order dated 16.10.2020 passed by Civil Judge (Senior Division) Haridwar in O.S. No.310 of 2019 Sita Ram and another vs. Commandant, whereby the learned trial court has directed identification, demarcation of the property of the plaintiffs with the help of revenue authorities in compliance of interim order dated 08.01.2020, whereas Civil Revision No.75 of 2020 has been filed to set aside the order dated 20.12.2019 whereby the application paper no.26C moved by the revisionist under Order 1 Rule 10 read with Section 151 of The Code of Civil Procedure, 1908 (hereinafter to be referred as CPC) has been dismissed.

(3.) Factual matrix of the case is that the plaintiffs/respondent nos.1 and 2 instituted a suit being O.S. No.310 of 2019 in the court of Civil Judge (S.D.), Haridwar against the defendant/respondent no.3 for a decree of perpetual prohibitory injunction restraining the defendant from raising the boundary wall and interfering in the occupation, possession of the plaintiffs. In the said suit, the revisionist moved an impleadment application under Order 1 Rule 10 (2) CPC for getting impleaded in the suit, on the ground, that in respect of the same property, a declaratory suit was filed by him under Section 229-B of U.P.Z.A. & L.R. Act which is pending adjudication wherein despite the status quo order dated 04.03.2013 the plots in question have illegally been transferred to plaintiffs on 16.12.2013 and 18.12.2013, over which the revisionist has been and is in possession.