GITABAI Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India being aggrieved by order dated 16.07.2019 passed by the trial Court in Civil Suit No.14- A/2018.

(2.) The facts of the case reveal that the petitioners before this Court have filed suit for declaration of title and for granting permanent injunction against the State of M.P. in respect of land situated at Ujjain and undisputedly, as stated by learned counsel for the petitioner in open Court, respondent No.4 - Radhakrishna Mandir is in possession of part of suit property. Respondent No.4 - Radhakrishna Mandir, Gita Bhawan Dharmik Nyas as is in possession of suit property has preferred an application under Order 1 Rule 10 r/w Section 151 CPC for impleadment and the same has been allowed by the trial Court.

(3.) The order passed by the trial Court reveals that part of the suit land was allotted to the trust and in respect of the same land, over which the trust is in possession, the plaintiffs are claiming their title. In those circumstances, the application for impleadment has been allowed.