SURENDER SINGH Vs. MOHD YUSUF

JUDGEMENT

(1.) Impleadment Application No. 1667 of 2013 is taken up for hearing.

(2.) This application is taken out by one Bhagwan Dass Khanna Enterprises Pvt. Ltd. who is not a party in civil suit filed before learned Trial court. This applicant claims that he is owner of the property in question. The suit has been filed by the plaintiff/petitioner against the respondent/ defendant for decree for permanent injunction restraining the respondent/defendant from interfering with and disturbing in his peaceful possession.

(3.) In the suit, an application for temporary injunction under Order 39 Rule 1 & 2 of the CPC has been taken out. The Trial court refused to pass any interim injunction. Against this order of refusal to pass temporary order of injunction, the present writ petition has been filed. Going by the prayer portion of the application before the learned Trial Judge and that of before me, the injunction is sought against the respondent/defendant not against everyone. Therefore, even if this Court entertains this application for effective adjudication, the presence of applicant is not required. Accordingly, this impleadment application is dismissed.