PUSHPENDRAKUMAR KESHRILALJI SHARMA Vs. RAJENDRA ONKARPRASAD GAUTAM

JUDGEMENT

(1.) RULE. Rule is made returnable forthwith and heard finally with consent of the learned counsel for the parties.

(2.) This petition takes exception to the order dtd. 18/4/2024 passed by the trial Court rejecting the petitioners' application under Order I Rule 10 of the Code of Civil Procedure, 1908 (for short, 'the Code') for addition of parties in Regular Civil Suit no.134 of 2023.

(3.) The respondent no.1 has filed the suit against the respondent no.2 seeking declaration and permanent injunction with respect to the notice of demolition dtd. 1/3/2023 with respect to unauthorised construction made by the respondent no.1. The respondent no.2-defendant in the suit filed his written statement and the suit was proceeded. During pendency of the suit, the petitioners' filed application under Order I Rule 10 of the Code seeking their impleadment as parties to the suit by alleging that they are owners of the suit property. This application was opposed by the original plaintiff and it came to be rejected by order dtd. 18/4/2024 which is subjected to challenge by way of instant petition.