GAYASUDDIN Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) This petition is instituted against the order dated 3.10.2016 rendered by learned Additional Civil Judge (I) Senior Division, Dehradun in O.S. No.62 of 2014.

(2.) Key facts, necessary for adjudication of this petition, are that the petitioner instituted the O.S. No.62 of 2014 with the prayer to declare the order dated 31.10.2007 passed by the Collector, Dehradun in Mutation Case No.43 of 2007 to be null and void and further, declaring the title of the property, in question, in favour of the petitioner/plaintiff. A permanent injunction was also sought directing the respondents/defendants not to interfere in his peaceful possession of the property in question.

(3.) During pendency of suit, petitioner moved an application under Order 6 Rule 17 C.P.C. along with Order 1 Rule 10 C.P.C. before the Trial Court. According to the averments made in this application, respondent nos.2 and 3 sold the property in question vide four sale deeds dated 29.1.2013 in favour of Harish Mehta, Ramji Sethi, Smt. Mamta Anand and Sumit Anand. By way of amendment, petitioner wanted to incorporate the factum of sale deeds and also to implead the purchasers as defendants under Order 1 Rule 10 C.P.C.