VIJAY PAPPU NARAYANDAS RIZWANI Vs. NARAYANDAS NWALRAI RIZWANI

JUDGEMENT

(1.) An interlocutory order passed by the trial Court below Exh. 25 in Regular Civil Suit No. 483/07 is subjected to challenge in this petition at the instance of original plaintiffs.

(2.) Petitioners / original plaintiffs instituted suit against defendant Narayandas claiming perpetual injunction restraining him, his agent, servant or any other person claiming through him from causing obstruction and interference in possession of the plaintiffs over property bearing CTS No. 3317 "Palk converted to different municipal numbers, known as Prabhat Talkies, Nanded. According to plaintiffs, their father defendant No. 1 got married second time with one Sonali who is 35 years of age. The marriage is solemnised by defendant No. 1 after death of plaintiffs' mother. It is further alleged that the second wife of defendant No. 1 is instigating him not to allow plaintiffs and other family members to reside with them at Nanded. However, plaintiffs denied their illegal demand and being annoyed the second wife is instigating defendant No. 1 to cause obstruction and interference in possession of suit property. Plaintiffs claim decree of perpetual injunction not against defendant in person but as against his agent, servant or any other person claiming through him.

(3.) An application came to be presented by respondent No. 2 herein seeking her addition as defendant to the suit. Application for impleadment tendered by the second wife Sonali came to be allowed by the trial Court. It is vehemently contended by learned Counsel for the petitioner that the second wife of defendant is neither a necessary nor proper party to the suit. No relief is claimed by the plaintiffs against the lady. It is also contended that her presence before the Court is not warranted for enabling the Court to effectively and completely adjudicate and settle all the questions involved in the suit.