SMT. VISHESH TYAGI Vs. SMT. RAJNI TYAGI

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The present petition has been filed challenging an order dated 20th January, 2016 passed by the Civil Judge (Senior Division), Moradabad in O.S. No.196 of 2013 by which the Impleadment Application No.29-Ga moved by transferee of the property in suit seeking impleadment as a plaintiff has been allowed. The petitioner also challenges the revisional court's order dated 31.08.2016 by which the Civil Revision No.12 of 2016 preferred by the defendant-petitioner against the order allowing impleadment has been dismissed.

(3.) A perusal of the record would go to show that the plaintiff-respondent instituted O.S. No.196 of 2013 for mandatory injunction seeking eviction of the defendant-petitioner from the suit property as also for mesne profit by claiming that the property in suit had been purchased by the plaintiff through a registered sale deed. It was alleged that the defendant-petitioner had been a licensee and his licence was terminated by a notice dated 31.10.2012. During pendency of the suit, impleadment application No.29-Ga was filed by Vishal Tyagi, Smt. Varsha Tyagi and Smt. Rajbala Tyagi by claiming that the property in suit has been sold by the plaintiff to the applicants vide sale deed dated 05.06.2015, therefore, they may be impleaded as plaintiffs to enable them to pursue the suit. The court below allowed the impleadment application and the revision of the petitioner against the impleadment order has been dismissed.