SHAIL KUMARI Vs. ASHA SRIVASTAVA

JUDGEMENT

(1.) Heard learned counsel for the parties. After hearing learned counsel for the parties, I proceed to decide the writ petition at the admission stage. 1. The plaintiff-petitioner had filed a suit for permanent injunction against the respondent opposite parties No. 7 and 8. Copy of the plaint has been filed as Annexure No. 2 to the writ petition. According to the plaint, petitioner has prayed that the respondents- defendants may be restrained from raising any construction over the adjoining land towards west to plaintiffs house and also not to interfere in plaintiffs peaceful possession. According to the plaint, petitioners had claimed the exclusive ownership of the house in which they are residing.

(2.) An application was moved by the opposite parties Nos. 1 to 6 under Order 1, Rule 10 of the Code of Civil Procedure for impleadment as party. Copy of the application has been filed as Annexure No. 4 to the writ petition. According to the application moved by the opposite parties Nos. 1 to 6, they are the owners of the house in which the plaintiff-petitioners reside. The petitioners are the tenant of opposite parties Nos. 1 to 6. It has been pleaded by the opposite parties Nos. 1 to 6 that in case the suit is decreed, they may be suffering irreparable loss on account of findings given by the Court.

(3.) Application under Order 1 Rule 10 of the Code of Civil Procedure was opposed by the plaintiff-petitioner on the ground that the suit was filed, relating to adjoining land and no dispute has been raised for the house in which the plaintiff-petitioner is residing. Accordingly, third party like opposite parties Nos. 1 to 6 have got no right of impleadment as party in the Regular Suit pending in the Court.