RAM BILAS Vs. RAJ KUMAR

JUDGEMENT

(1.) Heard Sri Rahul Sahai, learned Counsel for the petitioner as well as Sri Arvind Srivastava assisted by Sri Manoj Mishra, learned Counsel for the respondents. The defendant/petitioner has approached this Court challenging the orders dated 28.4.2014 passed by the District Judge, Varanasi in Civil Revision No. 86 of 2014, Ram Bilas v. Smt. Shakuntala Devi and others, and order dated 20.1.2014 passed by the Civil Judge (Junior Division), City, Varanasi in Original Suit No. 8 of 1980, Nand Kishore and others v. Ram Bilas and others, allowing the impleadment of respondent Nos. 1 to 3.

(2.) The plaintiff/respondents instituted Suit No. 8 of 1980, Nand Kishore and others v. Ram Bilas and others, seeking permanent injunction restraining the defendants from interfering in the peaceful possession. Interim injunction was granted on 11.5.1981. Respondent No. 4 during the pendency of suit, transferred the property to the respondent Nos. 1 to 3 on 14.5.2013, the transferee pendente lite moved an application for impleadment as plaintiff being bona fide purchaser of the suit property to which objections was filed by the petitioner. The Trial Court allowed the application which was challenged in revision. The Revisional Court dismissed the revision on merits as well as on maintainability.

(3.) The submission of learned Counsel for the petitioner is that the revision against the order allowing the impleadment application is maintainable and in support of his submission he has relied upon K.S.M. Basheer Mohammad and Sons v. Ram Bali Singh and others and the Court below had wrongly relied upon the judgment in Commandant, A.P. Special Police (IR), Cuddapah v. B. Shankar Naik, 2003 4 JT 268. It is contended that the suit property has been transferred in violation of the injunction order and the plaintiff earlier in 1990 had transferred the property.