RUPINBHAI BHARATBHAI DIVECHA Vs. CHANDULAL GAURISHANKAR THAKAR

JUDGEMENT

(1.) The present petition is filed by being aggrieved and dissatisfied with the impugned order dtd. 11/11/2020 passed below Ex.21 in Regular Civil Suit No.411 of 2019, by which the trial Court has partly allowed the application filed by the respondent Nos.1.1 and 2.1, which is filed for impleadment of third party under the provisions of Order I Rule 10 of the Code of Civil Procedure, 1908.

(2.) Brief facts of the case are as such that the petitioner and others had instituted Regular Civil Suit No.411 of 2019 before learned Principal Senior Civil Judge, Una, for declaration to the effect that the part of the suit property, which is in dilapidated condition, may be permitted to be pulled down by the plaintiffs and that the defendants may be injuncted from causing any disturbance for the same. On 7/10/2019, the learned Judge has granted the application below Exh.5 moved in Regular Civil Suit No.411 of 2019 and directed that if the petitioner wants to pull down the construction, the defendants shall not cause any obstruction for the same.

(3.) Heard learned advocate Mr. S.P. Majmudar with Mr. H.J. Karathiya, learned advocate for the petitioner and learned senior advocate Mr. Mehul S. Shah with Mr. Vishal C. Mehta, learned advocate for the respondent Nos.1, 1.1, 2 and 2.1.