CHETNABEN CHETANKUMAR PATEL Vs. BHALABHAI MOHANBHAI KOLI

JUDGEMENT

(1.) Rule.

(2.) This petition, under Article 227 of the Constitution of India, is filed by by the petitioner against an order dtd. 3/10/2019 passed by the learned Principal Senior Civil Judge, Halvad below Exh. 25 in Special Civil Suit No. 5 of 2018. By the said application, the petitioner - original plaintiff had sought to join the respondent Nos. 9 and 10 herein as party defendant Nos. 9 and 10 in the said suit, which came to be rejected vide impugned order.

(3.) Facts in nutshell of the case on hand are that on 27/9/1999, the respondent Nos. 1, 9 and 10 executed an Agreement to Sell qua the suit property in favour of the petitioner and handed over the possession as well as issued the acknowledgment receipt of sale consideration. On the same date, the said respondents also executed a irrevocable Power of Attorney in favour of one Mansukhbhai Savjibhai Patel, who is the father-in-law of the petitioner. After conversion of the said land into the old tenure land, on 7/4/2016, the said respondents also executed a sale deed in favour of the petitioner herein. However, subsequently, on 10/5/2016, the respondent Nos. 1 to 4, allegedly, in connivance with the respondent Nos. 5 to 8, executed a sale deed qua the very same property in favour of the respondent Nos. 5 to 8. Accordingly, the petitioners preferred the captioned suit for declaration, permanent injunction and cancellation of sale deed in which application Exh. 5 came to be allowed by the learned trial Court. Therefore, the respondent Nos. 1 to 8 preferred Appeal from Order No. 333 of 2016, which came to be allowed in part by way of a judgment and order dtd. 22/3/2017 and the parties to the suit were restrained from transferring or creating any right, title or interest over the disputed property till final disposal of the suit. The said judgment and order came to be challenged before the Apex Court, in which, by an order dtd. 1/5/2017, the Apex Court disposed of the said SLP (C) Nos. 12804-12805/2017 with a direction to the trial Court to decide the suit within one year. Pending application, the petitioner - plaintiff filed an application under O.1 R.10 of the Civil Procedure Code, 1908 (the CPC) for joining party, to join the respondent Nos. 9 and 10 herein as party defendant Nos. 9 and 10 in the pending suit, which came to be rejected by impugned order dtd. 3/10/2019 and hence, the grieved petitioner is before this Court with this petition.