CHANDRAKANTA Vs. MUNICIPAL CORPORATION GWALIOR

JUDGEMENT

(1.) ON the joint request of the parties, matters were analogously heard and decided by this common order.

(2.) PER Contra, Shri S.K.Shrivastava, learned counsel for the respondent No.2 submits that the order dated 11.7.2013 passed by the appellate court must be read as confined to the appeal proceedings and it, by no stretch of imagination, can deprive the respondent No.2 to become a party in the trial court.

(3.) WRIT Petition No. 8871/2013 is filed by respondent No.2 of Writ Petition No. 8687/2013. As narrated above, the application under Order 39 Rules 1 and 2, CPC, of plaintiff was rejected by the trial court on 17.4.2013. In Misc.Appeal, the appellate court granted him injunction on certain conditions. The petitioner in Writ Petition No.8871/2013 is aggrieved by this order.