ZAKIR HUSSAIN Vs. ABDUL HUSSAIN AND ANOTHER

JUDGEMENT

(1.) The petitioner before this Court has filed the present petition being aggrieved by order dated 21.03.2016 (Exhibit-P/10) passed by XVth Civil Judge, Class-II in Civil Suit No.29- A/2014.

(2.) The facts of the case reveal that the present petitioner, who is the plaintiff before the trial Court has filed a civil suit claiming specific relief of declaration of title in respect of House No.68 at Noorani Nagar, Indore. The first relief prayed by petitioner is in respect of declaration of the title.

(3.) It was also pleaded in the relief clause that the respondents have encroached about 4 inches of the suit property and they should be restrained from carrying out the construction and be restrained from encroaching the suit property. During the pendency of the suit, under Order 1, Rule 10 of the Code of Civil Procedure, an application for impleadment was filed by the defendant stating that earlier also a suit was preferred by the present petitioner, who is plaintiff i.e. Civil Suit No.4-A/2007 Zakir Hussain v. Fakhruddin and by a judgment dated 03.11.2007, Durraia Bai was declared as title holder of the property.