SANJAY RAVENDRA THAPAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Kirtidev R. Dave, learned advocate for the petitioners as also Mr. Akash K. Chhaya, learned AGP appearing for the respondent - State, on advance copy.

(2.) This petition is filed under Article 227 of the Constitution of India, challenging the order passed by the 6th Additional Senior Civil Judge, Gandhidham - Kutch dtd. 7/5/2022 below Exhibit-43, whereby respondent No. 4 herein has applied under order - I Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") for being joined as party to the suit filed by the present petitioners as plaintiffs, which came to be allowed.

(3.) The petitioners - plaintiffs filed present suit being Regular Civil Suit No. 234 of 2017 joining Deputy Collector, District Collector and Mamlatdar as party defendants in the suit for declaration and permanent injunction, claiming that defendants be permanently restrained from taking over possession of the suit land from the plaintiffs along with a prayer to declare that the land which was allotted to the father of the plaintiffs, which came to be revoked for breach of conditions, declaring that they have no such right to revoke the same. Thereafter, the petitioners filed Regular Civil Suit No. 655 of 2020 against respondent Nos. 4 and 5 herein, seeking declaration and permanent injunction against them to the effect that they have no right to construct boundary wall or placing gates over the suit land and injuncting them from carrying out any further activities over the suit land. The second suit filed by the petitioners - plaintiffs is filed only against respondent Nos. 4 and 5 herein. However, Exhibit-43 application came to be filed by the respondent No. 4 herein, requesting the Court to permit him to be joined as party defendant in the suit as he is a necessary and a proper party to be joined in the present suit. The said application Exhibit-43 filed by the respondent No. 4 herein, came to be allowed by the Court, which is under challenge in this petition.