SURESH DHAKAD Vs. GEETA DHAKAD

JUDGEMENT

(1.) This order will dispose the I.A.No. 7146/2021 which is an application under Order 1 Rule 10 and Order 22 Rule 10 read with Sec. 151 of the Code of Civil Procedure filed by the applicants for impleading them as appellants in the present appeal. Application is duly supported by affidavit of applicant no.1 Kailash S/o Shantilal Sharma.

(2.) The present appeal has been preferred by the appellants against the judgment and decree dtd. 27/4/2004 passed by the learned First Additional District Judge, Neemuch affirming the judgment and decree dtd. 31/7/2003 passed by the First Civil Judge Class I, Neemuch passed in C.S 53A/2000, whereby the appellants' suit for declaration, possession and injunction has been dismissed.

(3.) Brief facts of the application, are that appellants informed to applicants that they are the owner of the half of the land bearing Survey No. 141 in Neemuch City as they received in family partition and hence, they are the owner and in possession of the said land. Therefore applicants believing the appellants, each applicants purchased 0.402-0.402 hectare of the land from the appellants by registered sale deed dtd. 6/7/2021 and 8/7/2021. After that an application under Sec. 109 and 110 of the M.P. Land Revenue Code was filed by the applicants for mutation before the Court of Tehsildar, in which notices were issued to the respondents, where respondents had filed written objections against the mutation petition. Thereafter, the applicants came to know about the pendency of this appeal in respect of the suit property and accordingly, filed this interlocutory application for impleadment as appellants. It is also stated that the applicants are the bonafide purchaser of the suit property, without any notice of the present appeal and the decision in the present appeal will substantially and directly affect their rights and interest and since, the appellants have lost interest in prosecuting the present appeal as they have sold the property to the applicants and there are every chances of the appellants colliding with the respondents as both are relatives and have already cheated the applicants by not informing regarding the pendency of appeal over the suit property. The applicants have invested the huge amount of money and the suit property is the source of their livelihood, hence, prayer is made to implead the applicants in the present appeal as appellants.