CHARUTAR VIDHYA MANDAL Vs. JAYDEEPSINH GOVINDSINH VAGHELA

JUDGEMENT

(1.) This application is filed by the applicant with a prayer to join the applicant as party respondent No.3 in main petition being Special Civil Application No.11808 of 2020.

(2.) Learned advocate for the applicant draws attention of this Court to the prayer clause in the main petition, wherein the prayer is for setting aside the order passed below Exh.47A in Regular Civil Suit No.299 of 2018. Learned advocate thereafter, submits that in the very suit, the applicant had filed application for joining party vide Exh.19, which came to be allowed by the Civil Court and the applicant was joined as party defendant in the civil suit. It is submitted that such order below Exh.19 was challenged by the petitioner by filing Special Civil Applicant No.3727 of 2020 which came to be dismissed by confirming the applicant to be party in the civil suit. Despite this position, obviously the application moved by the petitioner being Exh.47A without joining the applicant as party and even before this Court has challenged the order below Exh.47A, though the applicant has joined as defendant in the civil suit, the petitioner has not joined the applicant as party respondent. It is submitted that the property on which the petitioner is seeking electric connection under the prayer before this Court is the property which belongs to the applicant and even the civil suit wherein decree is passed with regards to not to take possession, the Civil Court has given finding of the applicant being a rightful owner of the said property.

(3.) As against this, learned advocate for the original petitioner submits that the applicant has filed separate Special Civil Suit No.230 of 2018, wherein the prayer clause is for declaration of the applicant to be rightful owner of the premises and as yet no decision is taken on such suit and therefore, the applicant is yet to be established as a rightful owner having right, title and interest of the suit premises. It is further submitted that the prayer clause in the application below Exh.47A was by invoking Section 151 of the Code of Civil Procedure as the applicant had faced grave difficulties without the electric connection and therefore, prayer was mainly against the electric company for getting the electric connection. It is submitted that as the petitioner is having fundamental rights to receive the electric connection, the only party corrected with the prayer made in Exh.47A would be electric company and the applicant may not be considered as necessary party. Learned advocate for the original petitioner further submitted that it is a matter where the petitioner and his family are rendered without electric connection and therefore, prays that at least the order passed by this Court on 08.10.2020 may be complied with in letter and spirit.