PUNDLIK SHYAMRAO WAGHODE Vs. MAHADEO SANSTHAN SANGVI

JUDGEMENT

(1.) Heard learned counsel for the rival parties.

(2.) The petitioner before this Court is a party who was added as defendant No.3 by virtue of impugned order dated 18/08/2020 passed by the Civil Judge, Junior Division, Telhara (Trial Court) in Regular Civil Suit No.12/2020. The petitioner is aggrieved by his being added as defendant No.3 in the suit and he also objects to impugned order dated 18/08/2020 passed by the Trial Court on an application for amendment moved on behalf of the respondent Nos.1 and 2 (original plaintiffs). According to the learned counsel for the petitioner, both these orders are unsustainable.

(3.) The respondent Nos.1 and 2 filed a suit for permanent injunction against respondent Nos.3 and 4. The respondent Nos.1 and 2 claimed that the respondent Nos.3 and 4 were disturbing the peaceful possession of respondent Nos.1 and 2 (original plaintiffs) in the suit property. It was claimed that the respondent No.1 was a registered Trust, in ownership and possession of the suit field and that the respondent No.2 had been given yearly possession of the said suit field for cultivation on Thoka basis. Suit summons were issued in the suit and application for temporary injunction was also filed before the Trial Court. At this stage, the respondent Nos.1 and 2 filed application before the Trial Court seeking to amend the plaint and also the add petitioner herein as defendant No.3. It was pleaded in the applications on behalf of the respondent Nos.1 and 2 that not only the respondent Nos.3 and 4 were seeking to disturb the peaceful possession of the original plaintiffs in the suit field, but the petitioner herein, who is the father of respondent Nos.3 and 4, was also accompanying them while making such attempts to disturb the peaceful possession of the original plaintiffs. It was contended that the petitioner was seeking to take advantage of certain revenue entries, while making the aforesaid attempt. It was also brought on record that such revenue entry was the subject matter of challenge raised by respondent Nos.1 and 2 before the Competent Authority, which is pending.