ANIL VINAYK PIMPUTKAR Vs. DAHYABHAI BHAGVANBHAI ROHIT

JUDGEMENT

(1.) RULE. Mr. Hriday Buch, learned Counsel waives service of notice of rule on behalf of respondent No. 1 and Mr. J. B. Pardiwala, learned Counsel waives service of notice of rule on behalf of respondent No. 2. This petition has been filed with a prayer to quash and set aside order dated 11. 07. 2007 passed in application at Exhibit-252, in Regular Civil Suit No. 48 of 1990, whereby the trial Court has allowed the application of the respondent No. 2 (Third Party) for being impleaded as proposed defendant No. 2 in the suit.

(2.) THE brief facts relevant for the decision of the petition are that, the petitioner filed a suit being Regular Civil Suit No. 48 of 1990 for grant of permanent injunction against respondent No. 1, in respect of the suit property on 16. 07. 1990. Respondent No. 1 filed a written statement and thereafter issues were framed vide Exhibit-59. On 21. 02. 2007, the third party, who is respondent No. 2 herein, filed an application to be joined as defendant No. 2 in the above-mentioned suit on the ground that he is in possession of the suit property. This application has been allowed by the trial Court, by passing the impugned order, which has given rise to the filing of the present petition.

(3.) MR. S. H. Sanjanwala, learned Sr. Advocate with Mr. Dilip Kanojia, for the petitioner has submitted as below: