JAYSUKHLAL SHANTILAL SATIKUWAR Vs. BHUPESH HARGOVINDBHAI DHAKAN

JUDGEMENT

(1.) This petition is filed challenging the order passed below Exh.20 in Regular Civil Suit No.96 of 2022 by the learned Additional Senior Civil Judge, Palitana on 10/3/2023 by the original defendant no.3.1 to 3.5 as the learned trial Court has allowed the application filed at Exh.20 by the present respondent no.1-original plaintiff to implead the purchaser of the land in question as party in the suit which is filed by the plaintiff for specific performance of the agreement.

(2.) The brief facts of the case are such that the present respondent no.1 has filed the suit for specific performance of the agreement between the parties of the suit; that as there is violation of the terms of the agreement, the plaintiff has filed the suit for getting share of the properties and also possession of the said properties, which is numbered as RCS No.96 of 2022. In that suit, during the pendency of the proceedings, original plaintiff filed application at Exh.20 on 15/10/2022 to implead the purchaser of some of the properties as party, who are respondent nos.4 to 22 herein which application was decided by the impugned order by the learned trial Court by observing that the purchaser of the land in question are necessary and proper parties as the subject matter of the suit is also related to the same.

(3.) Being aggrieved and dissatisfied with the same, the defendant nos.3.1 to 3.5 have preferred this petition before this Court by challenging the impugned order for adding party.